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TMI Blog2020 (4) TMI 487X X X X Extracts X X X X X X X X Extracts X X X X ..... ere also placed before the AO and these documents have not been disregarded by the AO and the AO has accepted that the electricity consumption was made in the month of March, 2012. The assessee has also shown in the trading account as on 31.03.2012 wages expenses and the AO could have examined the payment of wages showing in the trading account for the financial year ending as on 31.03.2012. The labour register was produced before the AO, which has not been denied. Even the labour register for the subsequent year has also been placed before the AO. If the AO has doubted the commencement of production, he could have examined the labourers for being satisfied himself, however, he Just strengthened his analysis of the electricity consumption a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Income Tax(Appeals) has erred in law as well as on facts in upholding the addition of ₹ 4,62,358/- made by disallowing the deduction claimed under section 80IB in utter disregard of the explanations rendered which is arbitrary and unjustified. 2. That the assessee had met all the necessary conditions required to claim the deduction u/s 80IB and the lower authorities have on an erroneous appreciation of facts held that the manufacturing activities commenced only after 07.01.2013 and not on 30.03.2012 which is contrary to the facts on record and as such the order passed is arbitrary and unjustified. 3. That the Ld. Commissioner of Income Tax(Appeals) has further erred in law as well as on facts in upholding the addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 4,62,358/- and a certificate issued by the Chartered Account in the form 10CCB showing the date of commencement of operation by the unit as 30.03.2012 with the year 2012-2013 being the initial assessment year. The General Manager DIC, Kathua had granted registration bearing No.07/0/05/1200434 on 07.01.2013. As per section 80IB(4) of the I.T.Act, 1961 in the case of industrial undertaking in the state of Jammu and Kashmir one of the conditions is that the unit begins to manufacture or produce articles and things during the period beginning on the first day of April, 1993 and ending on 31st March, 2012. In this regard, the assessee was asked to substantiate that the production of the unit was stated on 30.03.2012, whereas the certific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsideration of ₹ 48,91,000/- including ₹ 29,60,000/- towards cost of land and ₹ 19,31,000/- towards cost of shed. The scanned copy of the sale deed has been incorporated by the AO at pages 11 to 13 of the assessment order. The AO noted that the vendors have received the entire sale consideration from the vendee and nothing is outstanding against him. In this regard, the assessee was asked to clarify in response to which the assessee replied, which has also been incorporated at page 15 of the assessment order. From the submissions made by the assessee and documents produced, the AO was not satisfied and he made entire sale consideration of ₹ 48,91,000/- as unexplained investment. 4. Feeling aggrieved from the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cured loan that Smt. Neelam Gupta and Smt. Anita Gupta are appearing as unsecured loan creditors and due to unawareness in the sale deed, which has been shown wrongly that the entire payment has been received. Ld. AR also referred to paper book page No.7, which is submissions made before the ITO, Ward-1, Pathankot. At the end of oral submissions, ld. AR requested further that the matter may kindly be sent to AO for further verification. 7. On the other hand, ld. DR relied on the orders of authorities below and submitted in respect of ground Nos.1 2 that the authorities below have analyzed in detail to the issue involved in both the grounds. Therefore, the order of both the authorities below should be upheld. In addition to this, ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nits and the documents were also placed before the AO and these documents have not been disregarded by the AO and the AO has accepted that the electricity consumption was made in the month of March, 2012. The assessee has also shown in the trading account as on 31.03.2012 wages expenses of ₹ 1,11,000/- and the AO could have examined the payment of wages of ₹ 1,11,000/- showing in the trading account for the financial year ending as on 31.03.2012. The labour register was produced before the AO, which has not been denied. Even the labour register for the subsequent year has also been placed before the AO. If the AO has doubted the commencement of production, he could have examined the labourers for being satisfied himself, however ..... X X X X Extracts X X X X X X X X Extracts X X X X
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