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TMI Blog2018 (1) TMI 1471X X X X Extracts X X X X X X X X Extracts X X X X ..... mpugned order of the CIT(A) is set aside and the AO is directed to grant to the assessee deduction at the rate of hundred percent of its eligible profits - Decided in favour of assessee. - ITA No. 9/Chd/2018 - - - Dated:- 24-1-2018 - SHRI SANJAY GARG, JUDICIAL MEMBER AND DR. B. R. R. KUMAR, ACCOUNTANT MEMBER For The Appellant : Sh. B.K. Nohria For The Respondent : Smt. Chanderkanta, Addl. CIT ORDER Per Sanjay Garg, Judicial Member: This appeal has been preferred by the assessee against the order of Ld. Commissioner of Income Tax (Appeals), [hereinafter referred to as CIT(Appeals) ]-2, Chandigarh dated 25.10.2016 relating to assessment year 2013-14. 2. The only ground raised by the assessee reads as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by the Assessment Officer as well as the Appellate Authority and the Tribunal, in the case of each one of the Assesses, 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 stipu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been taken by the Hon'ble Himachal Pradesh High Court in the case of M/s Stovekraft India 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. 7. In view of the above discussion, the impugned order of the CIT(A) is set aside and the AO is directed to grant to the assessees deduction at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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