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TMI Blog2012 (3) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... wed by the A.O. u/s 80-IB in assessment year 2006-07. This goes to show that this fact was very much available in the record of the department that the assessee has established a new unit in assessment year 2001-02 and in respect of this unit, deduction was allowed by the A.O. to the assessee u/s 80-IB in assessment year 2006-07 also. Hence, we do not find any merit in the contention of the Ld. D.R. - Decided in favour of assessee. - I.T.A. No. 276/ Ahd/2012 - - - Dated:- 30-3-2012 - SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER. Appellant by: Shri B L Yadav, Sr. DR Respondent by: Shri Mukesh M Patel, AR ORDER PER SHRI A. K. GARODIA, AM:- This appeal by the revenue is directed against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment year 2001-02, the assessee company started another unit for manufacturing of foldable and single piece intra ocular lens. It was also submitted that the assessee company also claimed deduction u/s 80-IB on the taxable profit from the new product i.e. foldable and single piece intra ocular lens during the present year. The A.O. has further noted that from the records available in his office (registration certificate issued by Industries Commissionerate, Gandhinagar on 31.12.2005 / 4.1.2006), it is noted that the assessee company has started its production on 16.08.1994 i.e. assessment year 1995-96. He further noted that as per rules, deduction u/s 80-IB is allowable for ten consecutive years from the date of starting of productio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or two units established in accounting year 1994-95 and 2000-01 respectively. He submitted that it goes to show that this fact was very much available on record of the department that assessee has started new unit in financial year 2000-01 for which the assessee is claiming deduction u/s 80-IB. He also submitted that on page 16-21, is the copy of assessment order passed by the A.O. in assessment year 2004-05 u/s 143(3). He submitted that out of total income of the assessee in that year, deduction was allowed by the A.O. u/s 80-IB @ 30% amounting to ₹ 23,37,810/-. He also submitted that on pages 28- 33 is a copy of assessment order for the assessment year 2006-07 and in that year also, the claim of the assessee for deduction u/s 80-IB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perused the material on record and have gone through the orders of authorities below and the judgement cited by the Ld. A.R. We find that this issue has been decided by Ld. CIT(A) as per para 3.2 of his order which is reproduced below: 3.2 I have considered rival submissions. I have also gone through the assessment order and submissions made by the appellant. I have also gone through the statement of facts submitted by the appellant along with Form No.35 at the time of filing the appeal. It is seen that A.O. has disallowed deduction u/s.80iB with the observations that appellant had started production from A.Y, 1995- 96 and it is eligible to claim deduction u/s,801 up to A.Y. 2004-05 being 10 years' after commencement of production ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I am inclined to agree with the submissions of the Id. A.R. Disallowance made by the A.O. of ₹ 32,68,568/- is ordered to be deleted. This ground of appeal is allowed. 7. We find that a clear finding is given by Ld. CIT(A) that the A.O. has allowed deduction u/s 80-IB to the assessee in assessment year 2004- 05 as per the order passed by him in that year u/s 143(3) and the same claim was again allowed to the assessee for assessment year 2006-07 for which also, the assessment was completed u/s 143(3). He has followed the judgement of Hon ble Gujarat High Court rendered in the case of Saurashtra Cement Chemical Industries Ltd. (supra) and held that the A.O. cannot withdraw relief to a new industrial undertaking which has already ..... X X X X Extracts X X X X X X X X Extracts X X X X
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