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TMI Blog2016 (1) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... g the AO to delete the addition of Rs. 1,44,72,989/- made on account of reallocation of expenses incurred on to raw materials, and towards manufacturing expenses, administrative expenses, selling expenses and financial expenses amongst Unit-I & Unit- II in proportion to the sales of these units. ii) The ld. CIT(A) has erred in law and on facts in directing the AO to apportion only the relatively minor expenses of consultancy charges, legal and professional charges, professional tax, membership fees and service tax expenses in the ratio of the turnover of both the units. iii) On the facts and circumstances of the case, the ld. CIT(A) ought to have upheld the order of the AO. iv) It is, therefore, prayed that the order of the ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. II because unit no. II was eligible for exemption under section 10B and reduced the expenses on few heads under unit no. I by an amount of Rs. 1,44,72,989/- and added these expenses to the profit and loss account of unit no. II resulting into reduction of claim of assessee u/s 10B by Rs. 1,44,72,989/-. 3. Aggrieved, assessee went in appeal before CIT(A), who after going through the submissions made by assessee as well as applying his finding on the basis of CIT(A)'s appellate order for AY 2008-09 wherein identical facts were there, partly allowed the appeal of the assessee. Aggrieved, Revenue is now in appeal before the Tribunal. 4. Ld. DR relied heavily on the order of A.O. On the other hand, the ld. AR of the assessee brought to our ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Assessing Officer. 4. It is, therefore, prayed that the order of the Ld. Commissioner of Income tax (A) may be set-aside and that of the Assessing Officer be restored. Wherein the co-ordinate Bench dismissed the appeal of Revenue by observing as under :- "9. We have heard the rival submissions and perused the material on record. We find that ld. CIT(A) while granting partial relief has noted that similar addition made by the A.O in the preceding year was not approved by his predecessor in 2007-08 and further A.O has not pointed out any specific defect in the books of accounts which have been audited. He has further given a finding that Assessee has kept separate production record for both the units which indicate the quantitative ..... X X X X Extracts X X X X X X X X Extracts X X X X
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