9911796707
TMI Blog2014 (2) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... essee was able to show the Sale Tax Returns filed with Silvassa Sales Tax Office in support of his arguments. The assessee has furnished the purchase bill for machinery, evidence of supply of raw material at the factory at Silvassa, records filed with the statutory authorities, registration with the Directorate of Industries as small scale industry - the AO was directed to allow the deduction claimed by the assessee for all the four assessment years - There was no reason to interfere in the findings of the learned CIT(A) - the CIT(A) has allowed deduction under Section 80IA/80IB on the amount received against manufactured items, however, learned CIT(A) has denied deduction under Section 80IA/80IB on the ground of interest earned on fixed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment years under Section 143(1) of the Act. Later, in a scrutiny case for assessment year 2003-04, the AO deputed one Inspector for carrying out enquiries regarding alleged manufacturing activity of the assessee. The Inspector pointed out that alleged factory was closed down for past few years and no activity was being carried out. The AO came to the conclusion that no genuine manufacturing activity was carried out and consequently, the assessee has been allowed excess deduction under Section 80IA/80IB of the Act. Accordingly, he reopened the assessment under Section by issuing notices under Section 148 of the Act to withdraw deduction allowed under Section 80IA/80IB wrongfully. It was further submitted that the appeal for assessment year 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeals for the year under consideration and found that there was genuine business activities carried out by the assessee during these assessment years. Findings of the CIT(A) remained uncontroverted as nothing has been brought on record to establish otherwise, therefore, the order of the learned CIT(A) in all these appeals are liable to be confirmed on merit. Learned counsel further submitted that if the appeals of the department are dismissed, then the cross objections filed by the assessee may be treated as not pressed and if the appeals of the department are allowed then the assessee should be allowed opportunity to argue the grounds on merit in respect to reopening of the assessment. 8. We have given our thoughtful consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... viz. modular office system by assembly. The assessee was able to show the Sale Tax Returns filed with Silvassa Sales Tax Office in support of his arguments. The CIT(A) further noted that the supplies were made to TCS. The CIT(A) further noted that the raw material were procured from the market. Money was receipt from TCS against sale made by the assessee. The CIT(A) further found that this issue has been examined by him while passing the order for assessment year 2003-04. The finding given during the assessment year 2003-04 are also reproduced by the CIT(A) at page 8 of his order. After considering the order of the AO and the submissions of the assessee and the order of CIT(A) for assessment year 2003-04, the CIT(A) concluded that the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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