JCIT (OSD), CORPORATE CIRCLE - 2 (2),, CHENNAI vs. M/S INDIAN POTASH LTD., CHENNAI

ITA 2580/CHNY/2019Status: DisposedITAT Chennai10 March 2026AY 2014-15Bench: Shri Inturi Rama Rao (Accountant Member), Shri S.S. Viswanethra Ravi (Judicial Member)1 pages
AI SummaryDismissed

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?

Section 80IB,Section 14A,Section 143(1),Section 143(3)

AI-generated summary — verify with the full judgment below

Before: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

Hearing: 27.01.2026Pronounced: 10.03.2026

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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