2013 (8) TMI 141

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..... le under the statute - Following decision of CIT v. Radhe Developers [2011 (12) TMI 248 - GUJARAT HIGH COURT] - Decided against Revenue.
AKIL KURESHI AND SONIA GOKANI, JJ. For the Appellant : Varun K. Patel. ORDER:- PER : Akil Kureshi Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal dated 10.02.2012. The following questions have been presented for our consideration. (i) Whether, in the facts and circumstances of the case, the learned ITAT has erred in law in rejecting the appeal filed by the Revenue against the decision of the CIT(A) allowing the assessee deduction u/s 80-IB of the IT Act in respect of disallowance of labour expenses of Rs. 14,05,701/- u/s 40(a)(ia) ? (ii) Whether, in the facts and c .....

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..... chemes, has not be able to furnish the BU permission which could be effective before the end of previous year. In the present case, the assessee did not file any BU permission letter from the AUDA. Therefore, considering all the facts and other circumstances of the case as discussed the claim exemption u/s. 80-IB of the Income Tax Act of the assessee is not allowed as the conditions laid down under the provisions of the I.T. Act are not satisfied fully. Accordingly the assessee's claim for exemption u/s. 80-IB of the I.T. Act amounting to Rs. 41,63,672/- is disallowed and added to the total income of the assessee. Penalty proceedings u/s 27(1)(c) of the I.T. Act are also initiated for filing inaccurate particular of income in this regard." .....

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..... 3. Having heard learned advocate for the Revenue, we find no error in the view of the Tribunal. In so far as assessee's claim for deduction under Section 80-IB(10) of the Income Tax Act is concerned, the Tribunal has merely remanded the issue for fresh consideration. The nature of deduction under Section 80-IB(10) of the Income Tax Act and the ground on which the same can be allowed has come up before this Court in the past. The entire issue came to be examined threadbare in the case of CIT v. Radhe Developers reported in (2012) 341 ITR 403 (Guj.). In this respect, no interference is called for. 4. With respect to the Tribunal's view that if there is disallowance of expenses under Section 40(a)(ia) of the Income Tax Act, then such additi .....

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