2006 (7) TMI 533 - AT - Income Tax

Summary

Issues Involved:
1. Whether the activity of cutting and slitting imported jumbo adhesive tapes into smaller sizes qualifies as a manufacturing activity under section 80-IB of the Income-tax Act.
2. Whether the assessee is entitled to deduction under section 80-IB of the Income-tax Act.

Issue-wise Detailed Analysis:

1. Manufacturing Activity Qualification:

Background and Assessing Officer's Disallowance:
The assessee, engaged in the business of importing, processing, and dealing in adhesive tapes, claimed a deduction under section 80-IB for its business unit at Sylvassa. The unit's activity involved cutting and slitting imported jumbo tapes into smaller sizes. A survey under section 133A was conducted at the assessee's premises, leading the Assessing Officer (AO) to issue a show-cause notice questioning the deduction claim. Despite the assessee's explanations and evidence, the AO disallowed the claim, concluding that the activity did not constitute manufacturing.

CIT(A) Appeal:
The assessee appealed to the CIT(A), arguing that the final product (smaller adhesive tapes) had a distinct name, character, and use compared to the raw material (jumbo rolls). The assessee emphasized that the market treated the final product as a different commodity, supported by the presence of a registered trademark. Despite re-examining the claim, the CIT(A) upheld the AO's disallowance.

Tribunal Appeal and Precedents:
The assessee further appealed to the Tribunal, citing several judgments:
- Kores India Ltd. v. CCE: Cutting jumbo rolls into smaller sizes was considered manufacturing.
- CIT v. Jalna Seeds and Processing and Refrigeration Co. Ltd.: Processing raw seeds through multiple stages was deemed manufacturing.
- ITO v. Punchline Forms: Production of continuous computer stationery from raw materials was recognized as manufacturing.
- Arthur & Newell v. CIT: Transforming large rolls into different films was classified as manufacturing.
- CIT v. Sesa Goa Ltd.: Mining ore was held to be production.

The assessee argued that its process involved mechanical and chemical changes, resulting in a new product with a distinct market identity.

Tribunal's Conclusion:
The Tribunal examined the detailed manufacturing process, noting that the raw jumbo tapes underwent significant changes, resulting in products like labels, mounting tapes, and stickers. The process involved mechanical and chemical interventions, creating products with distinct commercial identities that could not revert to their original form. Citing various precedents, the Tribunal concluded that the assessee's activity qualified as manufacturing.

2. Entitlement to Deduction under Section 80-IB:

Tribunal's Analysis:
The Tribunal noted that the primary reason for disallowance was the AO's view that the activity was not manufacturing. Since the Tribunal determined that the activity was indeed manufacturing, it held that the assessee was entitled to the deduction under section 80-IB, provided other conditions of the section were met. The Tribunal reversed the CIT(A)'s order and remanded the matter to the AO to verify compliance with other section 80-IB requirements.

Final Judgment:
The Tribunal allowed the assessee's appeals for statistical purposes, directing the AO to grant the deduction under section 80-IB if all other conditions were satisfied.

Summary:
The Tribunal concluded that the assessee's activity of converting jumbo adhesive tapes into smaller, marketable products constituted manufacturing. Consequently, the assessee was entitled to the deduction under section 80-IB, subject to fulfilling other statutory conditions. The Tribunal reversed the CIT(A)'s order and remanded the case to the AO for further verification.