CIT vs. INDO ASIAN FUSEGEAR PVT LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI . . . ITA 598/2012 . . . CIT ..... Appellant . Through Mr. Sanjeev Sabharwal, sr. standing counsel with Ms. Gayatri Verma, Adv. . . . versus . . . INDO ASIAN FUSEGEAR PVT LTD ..... Respondent . Through . . . CORAM: . HON'BLE MR. JUSTICE S. RAVINDRA BHAT . HON'BLE MR. JUSTICE R.V.EASWAR . . . O R D E R . 16.10.2012 . . . The revenue claims to be aggrieved by the order dated 6.5.2011 of the Income Tax Appellate Tribunal (?Tribunal?, for short) and urges that the Tribunal fell into error in directing deletion of disallowance to the extent of ` 12,40,27,143/- on account of deduction under Section 80IC of the Income Tax Act, 1961 (?Act?, for short). . The assessee had filed a return for the assessment year 2006-07, claiming deduction to the extent of `16,73,09,270/- out of the total income in the business shown at `18,30,57,005/-. The assessee stated that its claim was for the unit situated at Parwanoo, Himachal Pradesh which was the newly established unit w.e.f. 20.5.2003. The Assessing Officer proceeded to exclude the profits, earned with respect of Parwanoo unit and brought the amount to tax; the profit calculated by the Assessing Officer was `12,40,27,143/-. The assessee went in appeal to the Commissioner who granted relief holding that the Parwanoo unit qualified for benefit of exemption. The revenue?s appeal to the Tribunal was unsuccessful. At the outset this Court has been informed that in respect of the previous year i.e. assessment year 2005-06, the Tribunal has followed an identical order allowing the claim for relief in respect of Parwanoo unit under Section 80IC. That order was carried in appeal by revenue in ITA No.826/2011; the appeal was dismissed by this Court on 16.1.2012. This Court has seen the said order. In view of the reasons given in the order, this Court does not find that any substantial question of law arises. The appeal consequently fails and is dismissed. . . . . . S. RAVINDRA BHAT, J . . . . . . . R.V.EASWAR, J . OCTOBER 16, 2012 . vld . . . $ 49 .