DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE vs. M/S. ANUSUYA AUTOPRESS PARTS LTD,, PUNE

The only issue raised in this appeal is against the deletion of disallowance on account of deduction u/s.80IC of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in spite of the AO’s opinion of the assessee having not fulfilled all the requisite conditions as envisaged in section 80IC(4) of the Act.

Briefly stated, the facts of the case are that the assessee is a manufacturer of Automobile and Auto parts. A return was filed declaring total income at Rs.8.25 crore. The assessee claimed deduction u/s.80IC at Rs.2,53,04,299/-. The Assessing Officer (AO) observed that the assessee purchased old plant and machinery in the same way in which it was done for the preceding year for which he rejected the claim of the deduction. He, therefore, disallowed the amount of deduction at Rs.2.53 crore. The ld. CIT(A) accepted the assessee’s claim following his own view for the assessment year 2012-13, against which the Revenue has come up in appeal before the Tribunal.

We have heard both the sides and gone through the relevant material on record. It is seen that both the authorities below have followed their respective views as taken for the assessment year 2012-

Such immediately preceding year came up for consideration before the Tribunal. Vide order dated 03-01-2019 in the Tribunal has echoed the view point of the ld. CIT(A) accepting the claim of deduction u/s.80IC. Both the sides are in agreement that the facts and circumstances for the instant year are M/s. Anusuya Autopress Parts Ltd., similar. Respectfully following the precedent, we uphold the impugned order on this score.

In the result, the appeal is dismissed. Order pronounced in the Open Court on 12th November, 2021.