CIT v. Valco Industries Ltd. (2024) 300 Taxman 219 (P & H)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Special category states-Expansion of business-Merger-Court held that since Tribunal categorically held that assessee was entitled to deduction at 100 per cent, act of Principal Commissioner amounted to revision of order of Tribunal which is beyond jurisdiction of Principal Commissioner-Order of Tribunal is affirmed. No substantial question of law.[S. 80IC 260A]

Assessee is  engaged in business of manufacture of Aluminum Extrusion. Assessee started its manufacturing activities in Baddi, Himachal Pradesh in assessment year 2005-06 and claimed deduction under section 80IC.  Thereafter, assessee undertook substantial expansion during assessment year 2009-10 and started claiming 100 per cent deduction from assessment year 2010-11 onwards.  Assessing Officer opined that assessee had wrongly claimed 100 per cent deduction in assessment year 2013-14 and restricted deduction to 30 per cent. Tribunal allowed appeal of assessee and restored deduction at 100 per cent. Principal Commissioner after adjudication of appeal by Tribunal formed an opinion that assessee had wrongly claimed deduction at 100 per cent whereas it is  entitled at 30 per cent during assessment year 2013-14 and passed order under section 263. Tribunal quashed the Revision order. On appeal the Court held that   since Tribunal categorically held that assessee was entitled to deduction at 100 per cent, act of Principal Commissioner amounted to revision of order of Tribunal which was beyond jurisdiction of Principal Commissioner. Order of Tribunal is affirmed. No substantial question. of law.  (AY. 2013-14)

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