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TMI Blog2014 (10) TMI 1047X X X X Extracts X X X X X X X X Extracts X X X X ..... ANT MEMBER This is an appeal filed by the revenue directed against the order of the Commissioner of Income Tax passed u/s 263 of the Act on 29.5.2014 wherein the deduction granted u/s 80IC of Income Tax Act, 1961 in the assessment order passed u/s 143(3) on 8.3.2014 by the AO was held to have been wrongly granted. Ld. CIT held that the assessment order passed u/s 143(3) on 8.3.2013 was erroneous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for the earlier asstt. Year 2009-10 in the assessee's own case has come up before the Commissioner of Income Tax and that the Ld. CIT vide her order dated 31.10.2012 in appeal No. 222/2011-12 allowed the claim of the assessee. Many other contentions were raised including the jurisdiction of the Ld. CIT invoking its powers u/s 263. 6. Ld. CIT(A) rejected the contention of the assessee and came t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ministry of Commerce & Ind. (pages 82 to 98); flow chart of assembling (pages 99 to 132); details of parties to whom sales were made with details of items (pages 133 to 150) form No. 1 issued by single winow clearing agency, Department of Industry, Govt. Of Himachal Pradesh, Najfgarh (page 151); 10CCB Certificate (pages 152 to 158); qualification of service of engineering (page 159) and copies of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "The assessee was asked to justify claim of deduction u/s 80-IC of the Act in view of the fact that activity carried out by the assessee is assembling. The assessee has furnished a detailed reply supported with various judicial pronouncements. Keeping in view the facts of the case and various judicial pronouncements it is seen that assessee brings into existence a new identifiable commercial pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed u/s 263 is bad in law. 11. The assessee filed a paper book running into 86 pages. The paper book consists of the documents filed before the AO in support of its claim of deduction u/s 80IC. These are the very same documents which were considered by the Ld. CIT(A) and the ITAT, while adjudicating the similar claim for the earlier assessment year. The Tribunal adjudicated the issue in favour o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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