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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 ..... the Assessment Year 2008-09. The operation was closed in November 2008 because of the natural calamities. The production of all the documents were produced by the assessee company before the Assessing Officer related to the business of the assessee to the government organization till September 2006. These documents has categorically revealed that the very foundation of the Assessing Officer’s order was not justified as the Assessing Officer for the Assessment Year 2006-07 has made a clear findings that the assessee has purchased digital powers sub assemblies for which invoice has been raised by M/s Saraswati Dynamics Pvt. Ltd dated 8/3/2006. Thus the sub assemblies cannot be termed as the amplifier as a whole. In the same para, the Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. 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 the claim of Section 80IC of the Act. 4. Being aggrieved by the same the Assessee went in appeal before the CIT(A). The CIT( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her 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 this registration certificate, the assessee company has informed that it has been registered as an approved suppl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as 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 relevant accounting period. It states that consignment is inspected as per supply order and FAT. It was found t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 because of the natural calamities. The production of all the documents were produced by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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