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TMI Blog2014 (1) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... benefit u/s. 80IA(4)(iii) could be availed by the assessee only after the approval by the DIPP under the scheme - The assessee has not fulfilled the basic condition provided u/s. 80IA(7) of the Act as per which the assessee is required to file along with the return of income an audit report in Form No. 10CCB – Decided against assessee. - ITA No. 831/Hyd/2013 - - - Dated:- 12-12-2013 - Shri Chandra Poojari And Smt. Asha Vijayaraghavan,JJ. For the Appellant : Sri Ravi Sheshagiri Rao For the Respondent : Smt. K. Haritha ORDER Per Chandra Poojari, AM: This appeal by the assessee is directed against the order of the CIT(A)-V, Hyderabad dated 20.2.2013 for A.Y. 2009-10. 2. The assessee raised the following grounds: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm No. 10CCB, which was not submitted for claiming the deduction under that section. In fact the assessee admitted in its written submissions above that it had not obtained the formal certificate under section 10CCB. Since the assessee had not complied with the vital statutory requirement as above, the CIT(A) agreed with the Assessing Officer that the deduction u/s. 80IA cannot be allowable. Against this, the assessee is in appeal before us. 5. We have heard both the parties and perused the material on record. Similar issue came for consideration before this Tribunal in assessee's own case for A.Y. 2008-09 in ITA No. 19/Hyd/2012. The Tribunal vide order dated 20.6.2013 held as follows: 9. We have heard both the parties and perus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme at AlPHA CITY Industrial IT Park at Navalur Village, Old Mahabalipuram road, Kancheepuram, Chennai so as to grant deduction u/s. 80IA of the Act. According to the assessee, the assessee fulfilled the conditions laid down u/s. 80IA(4)(iii) of the Act and it is entitled for deduction u/s. 80IA of the Act. In this case admittedly the assessee applied for approval under Industrial Policy 2002 vide application dated 8.1.2007 under Non-automatic approval scheme. Under this scheme, the Empowered Committee could reject the application of the assessee after giving opportunity to the assessee and order of rejection shall be passed within 12 weeks from date of receipt of application. 7. The assessee made a plea before us that since the Minist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court against the delay made by the Department of Industrial Policy Promotion (DIPP), Ministry of Commerce Industry which was pending. However, in the present case on the date of application made by the assessee, there was no scheme in operation under Industrial Park Policy, 2002. The 2002 scheme had lapsed as it was effective, notified and applicable up to 31st March, 2006. The 2002 scheme was no longer in operation. It is not possible to agree with the contention of the assessee that scheme 2002 was substituted with new scheme 2008. In our opinion, at the time of making initial application by the assessee to DIPP there was no scheme under Industrial Policy Scheme, 2002. A new scheme was framed and gazetted only on 8th January 2008 and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time and in the above case there was delay in submitting application for approval. Being so, the assessee may get approval from the Ministry of Commerce, Government of India and assessee's case to be remitted back to the Assessing Officer for fresh consideration after getting approval from Ministry of Commerce, Government of India on this issue. The assessee submitted that there was a search action in the case of the assessee u/s. 132 of the Act. The Assessing Officer is going to frame the assessment u/s. 153A of the Act covering this assessment year also. Accordingly, he prayed that the issue may be remitted back to the Assessing Officer. If there was search action in this case of the assessee and consequence of passing of order u/s. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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