IN THE HIGH COURT OF DELHI AT NEW DELHI 
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   ITA 598/2012  
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 CIT              ..... Appellant 
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 Through Mr. Sanjeev Sabharwal, sr. standing counsel with Ms. Gayatri 
 Verma, Adv. 
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 versus 
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 INDO ASIAN FUSEGEAR PVT LTD       ..... Respondent 
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 Through 
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 CORAM: 
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 HON'BLE MR. JUSTICE S. RAVINDRA BHAT 
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 HON'BLE MR. JUSTICE R.V.EASWAR 
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 O R D E R 
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     16.10.2012 
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 The revenue claims to be aggrieved by the order dated 6.5.2011 of 
 the Income Tax Appellate Tribunal (?Tribunal?, for short) and urges that 
 the Tribunal fell into error in directing deletion of disallowance to the 
 extent of ` 12,40,27,143/- on account of deduction under Section 80IC of 
 the Income Tax Act, 1961 (?Act?, for short). 
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 The assessee had filed a return for the assessment year 2006-07, 
 claiming deduction to the extent of `16,73,09,270/- out of the total 
 income in the business shown at `18,30,57,005/-.   The assessee stated 
 that its claim was for the unit situated at Parwanoo, Himachal Pradesh 
 which was the newly established unit w.e.f. 20.5.2003.  The Assessing 
 Officer proceeded to exclude the profits, earned with respect of Parwanoo 
 unit and brought the amount to tax;  the profit calculated by the 
 Assessing Officer was `12,40,27,143/-.  The assessee went in appeal to 
 the Commissioner who granted relief holding that the Parwanoo unit 
 qualified for benefit of exemption.  The revenue?s appeal to the Tribunal 
 was unsuccessful.  At the outset this Court has been informed that in 
 respect of the previous year i.e. assessment year 2005-06, the Tribunal 
 has followed an identical order allowing the claim for relief in respect 
 of Parwanoo unit under Section 80IC.  That order was carried in appeal by 
 revenue in ITA No.826/2011; the appeal was dismissed by this Court on 
 16.1.2012.  This Court has seen the said order.  In view of the reasons 
 given in the order, this Court does not find that any substantial 
 question of law arises.  The appeal consequently fails and is dismissed. 
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 S. RAVINDRA BHAT, J 
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 R.V.EASWAR, J 
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 OCTOBER 16, 2012 
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 vld 
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 $ 49 
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