9911796707
TMI Blog2024 (12) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... pur being the Municipal limit, Kalyanpur is the village in the Tehsil Kichha being survey no.373 in village Kalyanpur has been duly notified as an eligible area for claim u/s. 80IC. Since the fact proves that the establishment of the assessee is in the eligible area, the appeal of the assessee is hereby allowed. This case signifies the lack of judgement among the official undermining the efficiency, equity and credibility of the taxation system. The weak standards and lack of accurate mechanism can lead to bias judgement. Inefficient and poor decision making can lead to prolonged disputes, backlog of cases and higher litigation cost for the assessee as well as for the Revenue Department. This ultimately leads to fostering of resentment and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09-10 for the purpose of adjudication. 2. The Assessee has taken the following grounds of appeal:- 1. In his order u/s. 154, the Ld.AO has erred in law by rejecting the claim of deduction u/s. 80IC of Rs. 77,54,510/- on the grounds that unit of the assessee is not located in the eligible physical location as per the notification of CBDT, inspite of the fact that the CBDT notification has been submitted before him, he has captured the same in his order and also examined the location. The CIT(A) has erred in law by confirming the above addition. 3. The Assessing Officer has passed order u/s. 154 of the Act rejecting the claim of the assessee for deduction u/s. 80IC of the Act, on the ground that the unit of the assessee is not located in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 283/2006 dated 03.10.2006 wherein the Dist. Udhamsingh Nagar, village Kalyanpur and Kichha with survey no.372 to 482 have been notified to be eligible industrial areas for the purpose of claim of deduction u/s. 80IC of the Income tax Act 1961. Further, the assessee has also submitted certificate from State Infrastructure and Industrial Development Corporation of Uttarakhand (SIDCUL) wherein the khasra no./plot no. 20, sector 3 has been re-designated as khasra no.373 in the revenue village Kalyanpur, Dist. Udhamsingh Nagar. We have also gone through District wise details of Industrial Estates and Industries established therein by the Uttarakhand Government wherein the assessee s name is found at serial no.7 plot no.20 and area 1992 squa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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