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TMI Blog2018 (2) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... r entitlement and extent of deduction would be dependent upon interpretation of the relevant provisions. No justification at this stage to give the Assessing officer a second innings to re-examine undisputed facts. - Decided against revenue - ITA No.1152/Chd/2017 - - - Dated:- 19-12-2017 - SHRI SANJAY GARG, JUDICIAL MEMBER AND MS.ANNAPURNA GUPTA, ACCOUNTANT MEMBER Respondent by : Smt. Chanderkanta ORDER Per Sanjay Garg, Judicial Member: This appeal has been preferred by the assessee against the order of Ld. Commissioner of Income Tax (Appeals), Shimla [hereinafter referred to as CIT(Appeals) ] dated 20.05.2017 relating to assessment year 2013-14. 2. Grounds raised by the assessee read as under:- 1. That th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if the same undertaking completes substantial expansion which is unjustified as it is clearly mentioned u/s 80IC(8)(v) of the I.T. Act, 1961 that initial assessment year means the assessment year in which the undertaking completes the substantial expansion as done by the appellant in AY 2011-12 and there can be more than one initial assessment years as held by the Hon'ble Delhi Tribunal in the case of M/s Tirupati LPG Industries Ltd. Vs. DCIT (151 ITD 1). 5. That the Learned Commissioner of Income Tax (Appeals), Chandigarh is unjustified in upholding the interpretation of section 80IC by the Ld. Assessing Officer as it does not advance the basic object of the Act and is against the basic legislative intent to promote industry in back ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2012, should be entitled to benefit of Section 80-IC of the Act, for the period for which they were not entitled to the benefit of deduction under Section 80-IB. (b) Such of those units which have commenced production after 7.1.2003 and carried out substantial expansion prior to 1.4.2012, would also be entitled to benefit of deduction at different rates of percentage stipulated under Section 80-IC. (c) Substantial expansion cannot be confined to one expansion. As long as requirement of Section 80-IC(8)(ix) is met, there can be number of multiple substantial expansions. (d) Correspondingly, there can be more than one initial Assessment Years. (e) Within the window period of 7.1.2013 upto 1.4.2012, an undertaking or an enterprise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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