2017 (12) TMI 1638

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 17 (12) TMI 69 - HIMACHAL PRADESH HIGH COURT) we may clarify that the Revenue has not disputed, (a) the units having carried out substantial expansion within the definition of the Section, (b) their entitlement and extent of deduction would be dependent upon interpretation of the relevant provisions. We, therefore, do not find any justification at this stage to give the Assessing officer a second innings to re-examine undisputed facts. - Decided in favour of assessee.
Shri Sanjay Garg And Ms.Annapurna Gupta, JJ. Appellant by: None Respondent by: Smt. Chanderkanta ORDER Sanjay Garg, This appeal has been preferred by the assessee against the order of Ld. Commissioner of Income Tax(Appeals), Shimla [hereinafter referred to as 'CIT( .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssesses, are quashed and set aside, holding as under: (a) Such of those undertakings or enterprises which were established, became operational and functional prior to 7.1.2003 and have undertaken substantial expansion between 7.1.2003 upto 1.4.2012, 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 Sectio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ndia vs. Commissioner of Income Tax' (supra) in the following concluding para of the order:- "58. On facts, we may clarify that the Revenue has not disputed, (a) the units having carried out substantial expansion within the definition of the Section, (b) their entitlement and extent of deduction would be dependent upon interpretation of the relevant provisions." We, therefore, do not find any justification at this stage to give the Assessing officer a second innings to re-examine undisputed facts. 6. In view of the above discussion, the order of the CIT(A) is set aside and the AO is directed to grant the assessee deduction of hundred percent of its eligible profits, as per the ruling of the jurisdictional High Court in this regard in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X