2015 (2) TMI 1101 - AT - Income Tax

Eligibility for deduction u/s 80-IC - Held that - The entire work was executed in conformity with technical details provided through detailed fabrication drawings of the client. The appellant had produced copies of excise returns filed bills of purchase of machinery and raw material and details of job work paid. The firm was found to be registered with VAT CST Service tax and Central Excise Authorities. Reliance was placed on the judgement of the Delhi High Court in the case of CIT vs Northern Aromatics Ltd (2005 (2) TMI 830 - DELHI HIGH COURT ) to hold that the activity of the appellant had to be regarded as manufacture irrespective of whether the products manufactured are for its own business or as job work for others. After considering the evidence furnished of fabrication and assembly of trusses columns gantries etc. for the steel plant of M/s Dharmpal Premchand Ltd. it was held that the appellant was entitled to the deduction under section 80le. No new facts have been brought on record in the current year to disprove the appellant s claim. It is held accordingly that the appellant is engaged in the manufacture of articles and is therefore eligible for the deduction under section 80IC. - Decided in favour of assessee.

Summary

Issues:
- Appeal against the order allowing deduction under section 80-IC of the I.T. Act, 1961

Analysis:
1. The appeal was filed by the Revenue against the order of Ld. CIT(A) allowing the claim of deduction of Rs. 1,30,23,723/- u/s 80-IC of the I.T. Act, 1961.
2. The Ld. A.R. submitted that the case of the assessee is covered by a Tribunal order in the assessee's own case for the Assessment Years 2006-07 and 2008-09.
3. The issue was conceded in favor of the assessee by the Ld. D.R.
4. The Tribunal found that the assessee, a partnership firm, had claimed deduction u/s 80-IC which was initially denied by the Assessing Officer but allowed by the Ld. CIT(A) and upheld by the Tribunal in previous orders.
5. The Tribunal reviewed the findings of the Ld. CIT(A) for the Assessment Year 2008-09, where it was established that the appellant was engaged in manufacturing activities based on detailed evidence provided.
6. The Tribunal upheld the order of the Ld. CIT(A) as the facts of the case demonstrated manufacturing activities by the appellant, supported by registration with various authorities and evidence of fabrication and assembly of steel structures.
7. The Tribunal referred to relevant case laws and judgments to support the decision to uphold the order of the Ld. CIT(A) based on the facts presented.
8. The Tribunal concluded that the grounds raised by the Revenue, including concerns about the nature of the activities being prohibited or casual, were not valid reasons to deny the claim of the assessee.
9. The Tribunal dismissed the appeal filed by the Revenue, stating that the facts of the case aligned with previous orders and upheld the decision of the Ld. CIT(A) allowing the deduction under section 80-IC.
10. The order was pronounced in open court on 13th Feb., 2015.

This detailed analysis of the judgment highlights the key arguments, findings, and legal reasoning behind the decision to dismiss the appeal and uphold the deduction under section 80-IC of the I.T. Act, 1961.