9911796707
TMI Blog2015 (1) TMI 1339X X X X Extracts X X X X X X X X Extracts X X X X ..... back, we find that the sundry balances written back relates to the purchases/expenses made in the earlier years. However, this fact needs to be verified by the AO. We, therefore, restore this issue to the file of the AO for the limited purpose of verification of the written back amount relating to the purchases/expenses of earlier years. The AO is directed to verify and if found to be related with the purchases /expenses of earlier years, the same has to be treated as eligible for deduction u/s. 80IB Bogus and fabricated purchase and sale - Held that:- It is an undisputed fact that there is no issue/dispute in relation to third party sales, whereas the Tribunal has considered and accepted the genuineness of the sales made to : (i) M/s. Sur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the assessee stated that the issue raised vide ground No.2 which remains to be decided is squarely covered in favour of the assessee by the provisions of section 80 IB(13) of the Act. 4. We have carefully perused the order of the Tribunal. We find force in the contention of the assessee. Ground No.2 stated hereinabove was not disposed of in ITA No.6631/Mum/2011. We accordingly, decide this ground which will come after para-11 of the order of the Tribunal as para -11(a). Para-11(a): We have carefully perused the order of the authorities below viz-a-viz ground taken by the Revenue. The issue raised by this ground are dealt with in section 80IB (13) of the Act which has to be read with 80 IA(8), which reads as under: 80IA "(8) Wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TA No.5082/Mum/2012): 6. With this Miscellaneous Application the assessee brings to the notice of the Tribunal that while deciding the appeal the Tribunal has considered ground No.2 for assessment years 2001-02 and 2002-03 as identical , whereas for assessment year 2002-03 the assessee's ground of appeal reads as under: "On the facts and circumstances of the case and in law he has erred in denying the deduction u/s.80IA/80IB in respect of income from job work (which is part of manufacturing activities) holding that the same has no nexus with the industrial undertaking. Inter-alia the assessee has claimed deduction under section 80 IB on interest income/other income/job work income." 7 Before us the Ld. Counsel for the assessee pointed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITA Nos. 5224 & 5225/Mum/2012): 9. The common grievance raised by these two Miscellaneous Applications relate to the findings given by the Tribunal for ground No.2 of the appeal filed by the Revenue for Assessment Years 2000-01 and 2002-03. 10. Before us, the Ld. Counsel for the assessee pointed out that the Tribunal at para -13 on page -8 of its order has considered the issues raised by the Revenue as mentioned on para-12 at page-8 of its order and after considering the facts and the submissions at para-18 the Tribunal has dismissed the Revenue's appeal. 11. It is the say of the Ld. Counsel that at the time of hearing itself it was brought to the notice of the Tribunal that the Revenue's ground relates to bogus and fabricated purchase ..... X X X X Extracts X X X X X X X X Extracts X X X X
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