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Deduction under section 80-1A/1B of IT Act can not be disallowed for running a new unit with some plant & machinery taken on hire
Case Law Details
- Case Name
- Pembril Indl. & Engg. Co. Pvt. Ltd. Vs DCIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2001- 2002
- Courts
- All ITAT, ITAT Mumbai
RELEVANT PARAGRAPH
5.6 The scheme of section 80-IB indicates that what is being aimed at is to prevent exemption to those industrial undertaking which are formed by the splitting up or by reconstruction or by transfer to a new business of plant or machinery of the old business. The transfer, in this context, must mean a transfer of plant or machinery which is essential for formation of new industrial undertaking and that must again mean a transfer to the new business of the transfer and machinery used by the transfer in his old business.
5.7 In the case under consideration the assessee company...
