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| The Tax Publishers2020 TaxPub(DT) 1990 (Del-Trib) INCOME TAX ACT, 1961
Section 10B
Eligibility conditions of expansion of the existing Unit and product manufactured by assessee were already examined in the first year of the claim of deduction and, therefore, deduction had to be allowed for entire period of 10 years, as conditions have been fulfilled in the initial year.
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Deduction under section 10B - Denial in subsequent year - Eligibility conditions of expansion of existing Unit and product manufactured by assessee were already examined in the first year of the claim of deduction -
Assessee claimed deduction under section 10B. AO disallowed deduction on the ground that Export Oriented Unit ('EOU') was just an expansion of the existing unit and not an integrated new unit. Held:Eligibility conditions of expansion of the existing Unit and product manufactured by assessee were already examined in the first year of the claim of deduction and, therefore, deduction had to be allowed for entire period of 10 years, as conditions have been fulfilled in the initial year.
Relied:CIT v. Tata Communication Internet Services Ltd. (2012) 204 Taxman 606 (Del) : 2012 TaxPub(DT) 789 (Del-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
INCOME TAX ACT, 1961
Section 92C
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