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2019 (4) TMI 2038

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..... the same is confirmed. Revenue s appeal is found to be devoid of any merit and hence dismissed.
Shri Waseem Ahmed, Accountant Member And Smt. Madhumita Roy, Judicial Member For the Assessee : Shri VinodTanwani, Sr. DR. For the Revenue : Shri GauravNahta, AR. ORDER PER MADHUMITA ROY- JM: The instant appeal is directed against the order dated 26.04.2016 passed by the Commissioner of Income Tax (Appeals)-7, Ahmedabad u/s. 143(3) of the Income Tax Act, 1961(hereinafter referred to as 'the Act') arising out of the order dated 09.03.2015 passed by the DCIT, Cir-4(1)(2), Ahmedabad for Assessment Year 2012-13. 2. The assessee company engaged in the business of processing manufacturing and trading of clothes filed its return of income on .....

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..... relevant materials available on record and also carefully considered the judgment passed by the Co-ordinate Bench in assessee's own case in appeal preferred by Revenue in ITA No. 125/Ahd/2015 for A.Y. 2011-12. The identical issue has been considered by the Co-ordinate Bench in the said judgment, the relevant whereof is as follows:- "6. In earlier years, on the basis of such valuation, deduction u/s. 80IA (4)(iv) of the Act were allowed from A.Y. 2006-07. In our considered opinion, assessee is therefore on the principle of consistency, eligible for such deduction. Further as required assessee filed a certificate inform 10CCB from a charted accountant for claim and therefore the reasonableness and valuation of steam is certified through tha .....

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..... 5896 3 SALARIES & WAGES RS. 3371517 RS. 3459680 RS. 3096961 3730681 2906145 1977572 4 INTEREST RS. 361661 RS. 859515 RS. 1495029 2321120 2382390 2845500 5 DEPRECIATION RS. 11149377 RS. 11149458 RS. 11149556 11149446 11107858 11107858 0 TOTAL EXPENSES RS. 145653944 0.92 RS. 134243523 0.34 RS. 152393235 0.99 113446520 0.73 96921049 0.62 75206738 0.51 C COST PER KG OF STEAM RS. RS. RS. 0.73 0.62 0.51 D STEAM USED IN PROCESS KGS 117695051 KGS 114333615 KGS 109171082 107678291 110573541 106190960 E STEAM COST CHARGED TO PROCESS RS. 135349309 1.15 RS. 131483657 1.15 RS. 128546744 1.15 .....

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..... e as well different case laws held. CIT(A) has rightly deleted the addition and profit and margin kept by the assessee in Captive consumption is fair and reasonable. In our considered opinion on the basis of consistency and Ld. CIT(A) has passed a detailed and reasoned order. We upheld the order of Ld. CIT(A). 5. Respectfully, following the same we find no infirmity in the order passed by the Ld. CIT(A) in deleting such addition made by the Ld. AO following the decision taken by his predecessor in the earlier year in allowing the deduction u/s. 80IA of the Act taking in consideration of the judgment passed by the Co-ordinate Bench a discussed above, hence the same is confirmed. Revenue's appeal is found to be devoid of any merit and hence .....

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