9911796707
TMI Blog2018 (7) TMI 1962X X X X Extracts X X X X X X X X Extracts X X X X ..... n the definition of the Section, (b) their 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. 1617/Chd/2017 Assessment Year: 2014-15 - - - Dated:- 2-7-2018 - Shri Sanjay Garg And Ms. Annapurna Gupta, JJ. Appellant By: Sh. S. Vasudeva Sh. Karanjot Singh Respondent By: Sh. Jagdeep Goel, CIT ORDER Sanjay Garg, The captioned appeal has been preferred by the assessee against the order dated 24.10.2017 of the Commissioner of Income Tax (Appeal)-2, Lud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y covered by the decision of the Tribunal in the case of M/s Security Products Pvt. Ltd. vs. DCIT, Circle, Parwanoo (ITA No. 1152/Chd/2017 Dated 19.12.2017) wherein the Tribunal while relying upon the decision of the Hon'ble Himachal Pradesh High Court in the case of M/s Stovekraft India Vs. Commissioner of Income Tax, ITA No. 20 of 2015 has decided, the issue in favour of the assessee. Relevant part of the order of the Tribunal in case of M/s Security Products Pvt. Ltd. vs. DCIT(supra) is reproduced as under:- 3. During the course of hearing before us, it was brought to our notice that the order of the ITAT in the case of Hycron Electronics (supra) had been decided in appeal by the Hon ble Himachal Pradesh High Court vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 can be entitled to deduction @ 100% for a period of more than five years. (f) All this, of course, is subject to a cap of ten years. [Section 80-IC(6)]. (g) Units claiming deduction under Section 80-IC shall not be entitled to deduction under any other Section, contained in Chapter VI-A or Section 10A or 10B of the Act [Section 80- IB(5)]. 4. No one appeared on behalf of the assessee. However, Ld. DR fairly admitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
