9911796707
TMI Blog2016 (11) TMI 1596X X X X Extracts X X X X X X X X Extracts X X X X ..... thorities for both the assessment years under consideration and remit the matter back to the Assessing Officer to examine the case in the light of CBDT Circular No.1 of 2013 and decide on merits after giving due opportunity to the assessee. - Appeals of the Revenue are allowed for statistical purposes. - I.T.A.Nos.1257 & 1258/Mds/2016 - - - Dated:- 25-11-2016 - SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI D. S. SUNDER SINGH, ACCOUNTANT MEMBER For the Appellant : Shri A.V. Sreekanth, JCIT For the Respondent : Shri S.P.Chidambaram, Advocate ORDER PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER These appeals of the Revenue is directed against separate orders of the Commissioner of Income-tax (Appeals)-1, Chennai, dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2,33,453 85,99,307 Computers 2,32,62,582 2,64,97,167 2,43,65,062 Vehicles 7,84,346 13,69,620 7,84,346 Leasehold improvements 1,51,53,833 NIL NIL Furniture Fittings NIL 2,17,71,742 1,57,41,866 4. The Assessing Officer called for the explanation from the assessee why the same should not be considered as split up or reconstruction of the existing unit. The assessee filed explanation before the Assessing Officer stating that the sale of asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d also perused the material available on record. As rightly submitted by the ld. Counsel for the assessee and the ld. DR, the DRP directed the Assessing Officer to consider the claim of the assessee in the light of the CBDT Circular No.1 of 2013 dated 17.1.2013. A similar direction was given by this Tribunal in assessee s own case for assessment year 2007-08. The CIT(A), for the assessment year 2007-08, in fact, examined this issue and found that there was no case for splitting up or reconstruction, and accordingly, allowed the claim of the assessee u/s 10A of the Act. The order of the CIT(A) for the assessment year 2007-08 is dated 3.2.2016. It is not known whether the Revenue has filed any appeal before this Tribunal against the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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