JCIT (OSD), CORPORATE CIRCLE - 2 (2),, CHENNAI vs. M/S INDIAN POTASH LTD., CHENNAI
What did the Tribunal hold?
The Tribunal held that the new dairy plant was a distinct and bigger industrial undertaking, not a reconstruction of the old milk chilling center. The existing unit was merely an ancillary part of the new plant's operations. Therefore, the assessee was eligible for the deduction under Section 80IB.
What were the facts?
The assessee, engaged in manufacturing fertilizers and feed, declared a total income and was assessed with a higher income by the Assessing Officer. The AO disallowed a deduction claimed under Section 80IB for a new dairy plant, viewing it as a reconstruction of an existing milk chilling center.
What were the issues?
Whether the 'new dairy plant' is a new industrial undertaking eligible for deduction under Section 80IB or a reconstruction of an existing 'milk chilling center'.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the Revenue is directed against the order dated 06.05.2019 passed by the ld. Commissioner of Income Tax (Appeals) 6, Chennai for the assessment year 2014-15. 2. The Appellant-Revenue raised 3 grounds of appeal amongst which the only issue emanates for our consideration as to whether the ld. CIT(A) is justified in allowing claim under section 80
The order continues below.
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More judgments on Section 80IB
- D.C.I.T., Circle - 10(1), Kolkata vs M/S. Berger Paints India Ltd., KolkataITA 740/KOL/2018[2013-14]Status: Disposed22 Sept 2026AY 2013-14
- Tasa Foods Private Limited, Bangalore vs DCIT, Circle-7(1)(1), BengaluruITA 2908/BANG/2025[2018-19]Status: Disposed7 Sept 2026AY 2018-19
- Uflex Limited, Delhi vs DCIT/ACIT Cen Cir-II, NoidaITTPA 280/DEL/2026[2022-23]Status: Disposed21 Aug 2026AY 2022-23
- Dy. Commissioner of Income Tax, Noida vs Uflex Limited, DelhiITTPA 272/DEL/2026[2020-21]Status: Disposed21 Aug 2026AY 2020-21
- Uflex Limited, Pamposh Enclave, Greater… vs DCIT/ACIT Cen Cir-II, NoidaITTPA 260/DEL/2026[2021-22]Status: Disposed21 Aug 2026AY 2021-22
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