GAURAV UDHYOG Vs. INCOME TAX OFFICER
LAWS(IT)-2014-5-53
INCOME TAX APPELLATE TRIBUNAL
Decided on May 16,2014

Gaurav Udhyog Appellant
VERSUS
INCOME TAX OFFICER Respondents

JUDGEMENT

- (1.) THIS Misc. Application is filed by the assessee against the Tribunal's order dated 22.02.2013 in ITA No. 1452/Ahd/2009 for A.Y. 2006 -07. In this case assessee's appeal was dismissed.
(2.) NOW assessee filed M.A. on 28.01.2014 which are reproduced as under: M. A. No. 10/Ahd/2014 (Assessee's M.A.) "1. The present application is filed by the appellant above named for setting aside the order dated 22/02/2013 passed by this Hon'ble Tribunal dismissing the appeal of the appellant. 2. It is most respectfully submitted that in the said order of the Hon'ble IT AT, there are certain inadvertent errors which are apparent from the record and go to the very root of the appeal. Therefore the present application.
(3.) THE said appeal was preferred by the appellant since the Ld. CIT(A) had confirmed the disallowance u/s 80IB made by AO on the count that since the Factory's License was issued to the appellant by the Chief inspector Factory on 19/05/04. the appellant could not have started the manufacturing activity on or before 31/03/04 as required for claiming deduction u/s 80IB and accordingly, the appellant was not eligible for deduction u/s 80IB. The grounds of appeal raised by the appellant before the Hon'ble Tribunal are reproduced hereunder: "01. On the facts and circumstances of the case as well as law on the subject, the Learned Commissioner of Income Tax (Appeals -1), Surat has erred in confirming the order of the Assessing Officer assessing (he income of the appellant at Rs.28,58,822/ -as against the returned income ofRs.NIL. 2. On the facts and circumstances of the case as well as law on the subject, the Learned Commissioner of Income Tax (Appeals -1), Surat has erred in confirming the action of the Assessing Officer rejecting the claim of the appellant for deduction of Rs.28,58,822/ - u/s 80IB of the Act even though your appellant has satisfied all the conditions prescribed u/s 80IB of the I. T. Act, 1961. 3. On the facts and circumstances of the case as well as law on the subject, the Learned Commissioner of Income Tax (Appeals -1), Surat has erred in confirming the action of the Assessing Officer in concluding that the factory has begun manufacturing activity on 19/05/04 solely on the basis of date of issue of Factory License obtained under the Factories Act. On the facts and circumstances of the case as well as law on the subject, the Learned Commissioner of Income Tax (Appeals -1), Surat has erred in confirming the disallowance of deduction u/s 80IB to the appellant as there was a delay in obtaining Factory License as the compliance with the provisions of Factories Act are not relevant for allowing claim of deduction u/s 80IB.;


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