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TMI Blog2014 (5) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... of absence of marketing or sales concern - the profit of the manufacturing concern would have been higher by the amount of profit actually earned by the marketing concern - The manufacturing concern would have claimed deduction u/s 80IB on such higher amounts of profit and the Revenue could not have resisted it - the Revenue's assertion that the marketing concern was floated with a view to claim h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om certain industrial undertakings other than infrastructural development undertakings. It is submitted that the ITAT failed to appreciate that the Assessee has set up the marketing and sales unit at Mumbai. The manufacturing unit is at Daman. This is an arrangement devised only to claim benefit under Section 80IB. The Assessing Officer, therefore, was right in his conclusions and such conclusions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d particularly the claim of Revenue that the common marketing concern, M/s Cello Sales Marketing, was floated with a view to claim higher deduction under Section 80IB, the Commissioner of Income Tax (Appeals) in paragraphs 6.2 and 6.3 of his order dated 11.07.2008 which was under appeal before the Income Tax Appellate Tribunal, held that the existing financial results of the Assessee and other m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was found that the manufacturing concern was set up in the year 2000 and the sales and marketing concern in relation thereto came into the scene in the year 2001. The Commissioner of Income Tax (Appeals), therefore, found that in the given facts and circumstances the Revenue's assertion that the marketing concern was floated with a view to claim higher deduction under Section 80IB, is basel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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