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TMI Blog2017 (1) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... nt has challenged the judgment and order of the Tribunal whereby the Tribunal has dismissed the appeal preferred by the department and confirmed the order passed CIT (Appeals). 2. The department has framed the following substantial questions of law which was to be considered by this Court: "(i) Whether the Tribunal was justified in allowing deduction u/s 80IE of the Income Tax Act, in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Anuroop Singhi appearing for the appellant. 5. The CIT (Appeals) in para 3.1.2 held as under: "I have duly considered AO's contention and appellant's submission, perused the materials on record, duly considered factual matrix of the case as also applicable legal position. Since the technique of steel liners and steel radial gates has been developed in this unit, therefore, when such ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l not be disturbed only because claim made under the head "Income from the sources" and there is nothing wrong in this. Income of this NE unit is linked with manufacturing unit and AO has not doubted that. Further, it is also a fact that the deductions U/s 80IE are available on manufacturing of any eligible article or thing and the unit has been established in North Eastern state which has been ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e opinion that the view taken by both the authorities is just and proper. No substantial question is required to be considered and, we confirm the view taken by the Tribunal. 8. The second issue of gain on foreign currency fluctuation is not required to be gone into, in view of the decision of Supreme Court and the third issue is question of fact and held concurrently in favour of the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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