ACIT, UTTRAKHAND vs. M/S. HIMALAYAN AUTOERA (INDIA) PVT. LTD., PANTNAGAR
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal followed the decisions of a coordinate bench in similar appeals for prior assessment years, which had decided in favour of the assessee. Therefore, the Tribunal declined to interfere with the CIT(A)'s order.
What were the facts?
The assessee, a manufacturer of motor vehicle parts, claimed deduction under Section 80IC. The AO denied the deduction, noting that all raw material purchases and sales were made to a single party and that similar claims were denied in previous years.
What were the issues?
Whether the deduction under Section 80IC is admissible when all transactions are with a single party, and whether past decisions on similar issues bind the current appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘DB’, NEW DELHI
Before: SH. N. K. BILLAIYA & MS. ASTHA CHANDRA
ORDER PER N.K. BILLAIYA, AM:
This appeal by the revenue is preferred against the order of the CIT(A), Haldwani dated 19.12.2016 pertaining to A.Y.2012-13.
The solitary grievance of the revenue read as under :-
Briefly stated that the facts of the case are that the assessee company drives income from manufacturing motor vehicle parts. During the year under consideration the assessee declared total income of Rs.33555245/-and claimed deduction under section 80 IC of the Act amounting to Rs.31406421/-.
During the course of the scrutiny assessment proceedings the AO found that all the purchase of raw material and sale of final products are made to only one party namely M/s. Spicer India Ltd. The assessee was asked to justify its claim of deduction u/s. 80 IC of the Act. The assessee filed a detailed reply which did not find any favour with the AO who found that in the previous assessment years deduction claimed by the assessee was denied by the AO. The AO further found that in the previous assessment year the CIT(A) allowed the appeal of the assessee but since the revenue has preferred second appeal before the Tribunal the claim of deduction was denied.
We find that this Tribunal in for A.Y. 2009-10 and ITA No.4521/Del/2013 for A.Y. 2010-11 has considered the similar grievance and has decided the appeal in favour of the assessee and against the revenue. The relevant findings of the coordinate Bench read as under :-
Respectfully following the findings of the coordinate Bench (supra) we decline to interfere with the findings of the CIT(A). The appeal filed by the revenue is dismissed.
Decision announced in the open court on 26.08.2022.
More judgments on Section 80IC
- Neel Metal Products Ltd., New Delhi vs DCIT, Circle-18(1), New DelhiITA 5935/DEL/2017[2012-13]Status: Disposed10 Sept 2026AY 2012-13
- M/S. Neel Metal Products Ltd., New Delhi vs Addl. CIT, New DelhiITA 386/DEL/2017[2011-12]Status: Disposed10 Sept 2026AY 2011-12
- M/S Neel Metal Products Ltd., New Delhi vs ACIT, New DelhiITA 3919/DEL/2013[2009-10]Status: Disposed10 Sept 2026AY 2009-10
- Indus India, C/O Indus Appliances Pvt Ltd vs ITO, ParwanooITA 852/CHANDI/2026[2016-17]Status: Disposed6 Aug 2026AY 2016-17
- Corbett Nature Reserve, Ramnagar vs Income Tax Officer, Ram NagarITA 65/RPR/2026[2021-22]Status: Disposed28 Jul 2026AY 2021-22
Recent GST High Court judgments
Search GST case law →- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026