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TMI Blog2018 (3) TMI 1817X X X X Extracts X X X X X X X X Extracts X X X X ..... to give the Assessing officers a second innings to re-examine undisputed facts. The impugned orders of the CIT(A) are set aside and the Assessing officers are directed to grant to the assessee deduction at the rate of hundred percent of its eligible profits, as per the ruling of the jurisdictional High Court in this regard in the case of M/s Stovekraft India vs. Commissioner of Income Tax (supra). Both the appeals of the assessee, therefore, stands allowed. - ITA Nos. 196 & 197/Chd/2017 - - - Dated:- 27-3-2018 - SHRI SANJAY GARG, JUDICIAL MEMBER Ms. ANNAPURNA GUPTA, ACCOUNTANT MEMBER For the Appellant : Sh. Sanjay Gupta, CA For the Respondent : Sh. Gulshan Raj, CIT DR ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pointed out that the Hon ble High Court had decided the issue in favour of the assessee, holding that there is no bar in the said section denying the benefit of hundred percent deduction to new units undertaking substantial expansion. Our attention was drawn to the relevant conclusions of the Hon ble High Court in this regard at para 55 of the order as under: 55.Thus, in view of the above discussion, these appeals are allowed and orders 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 pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Assessing officers for verification as to whether the assessee has actually carried out the substantial expansion to be entitled to claim deduction u/s 80IC of the Act. 8. We do not agree to the above contention raised by the Revenue at this stage. A perusal of the orders of the Assessing officers reveal that the Assessing officers have not disputed that the assessee unit has carried out substantial expansion as provided under clause (b) of sub section (2) read with clause (ix) of sub section (7) of section 80IC of the Act. Almost similar view has also 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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