THE ASSTT. COMMISSIONER OF INCOME TAX, JAMMU vs. M/S KAISER INDUSTRIES PVT. LTD, SAMBA
In the result, the appeal of the Revenue is dismissed
ITA 381/ASR/2016[2006-07]Status: DisposedITAT Amritsar20 Mar 2019AY 2006-07
Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 381/Asr./2016 : Asstt. Year : 2006-07 Asstt. Commissioner Of Income Vs M/S Kaiser Industries Pvt. Ltd., Tax, Circle-1, Jammu Industrial Growth Centre, Sidco, Samba (Appellant) (Respondent) Pan No. Aabck0456G Assessee By : Shri. Vasu Gupta, Ca Revenue By : Sh. Yashender Garg, Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 22.03.2019 Order Per N. S. Saini: This Is An Appeal Filed By The Revenue Against The Order Of Commissioner Of Income Tax (Appeals), Jammu Dated 31.03.2016. 2. The Sole Issue Involved In This Appeal Is That The Commissioner Of Income Tax (Appeals) Erred In Allowing The Deduction U/S 80Ib(4) Of The Income Tax Act, 1961 In Respect Of Samba Unit As The Same Was Claimed To Inflate The Profit Of Eligible Unit For The Motive Of Availing Deduction U/S 80Ib.
For Appellant: Shri. Vasu Gupta, CAFor Respondent: Sh. Yashender Garg, DR
Section 143(3)Section 148Section 80Section 80I
10) cannot be invoked to disallow the claim of assessee u/s 80- IB (4) when all other conditions for claiming deduction u/s 80-1B (a) are fulfilled. This is quite elaborated in her report. The A.O. admits that conditions for disallowance under Section 80-IB (4) are not violated hence 80-IB (4) deduction should have been allowed. However
