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TMI Blog2016 (8) TMI 1085X X X X Extracts X X X X X X X X Extracts X X X X ..... related to the claim of deduction u/s 80IC of the Income-tax Act. The second ground is related to interest income for which the Ld. AR submitted that the same is against the Assessee. Hence ground No. 2 is allowed in favour of Revenue. 3. The assessee is engaged in manufacture and sell of electronics and mechanical equipments and was allowed deduction u/s 80IC in the Assessment Year 2004-05 & 2005-06 but the Assessment Year under challenge herein, the Assessing Officer has recorded that the assessee has sold one amplifier which was purchased from sister concern namely M/s Saraswati Dynamics, Roorkee and, therefore, the year under which the survey took place the assessee was not engaged in manufacturing activities. Thus, the A.O disallowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stered as SSI unit for the manufacture of vibration socker system, digital amplifier etc. The certificate contained other various details such as office address etc. (b) NQAQSR has issued a certificate of registration vide certification dated 26/8/05 valid upto 25/8/08 holding that the holder has been assessed and found to comply with the requirements of ISO 9001 : 2000 and IS ISO 9001 : 2000. (Copy enclosed). Naval Sciences and Technological Laboratory, Vishakapatnam, vide its certificate dated 9/12/05 has approved your assessee petitioner as an approved vendor. (c) Similarly, Research Center IMARAT VIGNYANA KANCHAPO, Hyderabad has recognized the assessee petitioner as approved vendor vide its letter dated 5/4/05. (copy enclosed). As per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lace of inspection was the factory premise of the assessee company at Roorkee and the date of inspection was within the relevant accounting period. It has been certified that all the items inspected were found satisfactory. The vibrator was accepted and cleared for dispatch as per the terms of purchase order. The purchase order was dated 27/6/2005. This contains a certificate regarding performance. (h) Similarly, there is another pre dispatch inspection report dated 23/6/05 and it has been signed by director, K. Jagdishan and also Vipul Aron, B rector. This pre dispatch inspection report signed on behalf of the Government of India. The place of inspection again is the factory premises at Roorkee and date of inspection is within the relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tes, clarifications, inspections, registration by the Government authorities, it is clear that the assessee company is engaged in manufacturing activities during the relevant assessment years. 9. We have perused all the records and taken into account the submissions of both the parties. The CIT(A) has rightly pointed out that the A.O has allowed deduction u/s 80IC of the Act in the immediately preceding years. Survey should have been done before allowing deduction u/s 80IC of the Act in the very first year of its claim, but the Revenue has conducted the same in 2008. The survey team failed to collect the evidences during the survey as to how the business was closed for the Assessment Year 2008-09. The operation was closed in November 2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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