2012 (7) TMI 933 - AT - Income Tax

Summary

Issues Involved:
The appeal challenges the order of the Commissioner of Income Tax (Appeals) relating to assessment year 2008-09 under section 143(3) of the Income Tax Act, 1961.

Deduction under section 80IC:
The assessee claimed deduction under section 80IC of the Act for income earned from manufacturing activities, job work, and other sources. The Assessing Officer disallowed the deduction on job work and other income, but allowed it for manufacturing activities. The Tribunal had previously allowed similar claims in the assessee's earlier cases.

Manufacturing Activities Deduction:
The Tribunal upheld the assessee's claim for deduction under section 80IC for income from manufacturing activities, as it had been allowed in previous years and there were no changes in the facts. The order of the CIT (Appeals) was supported in this regard.

Job Work Deduction:
The Tribunal found no issue with the deduction claimed for profits earned from manufacturing activities carried out on a job work basis, as it had been allowed in previous years based on the Tribunal's orders in the assessee's earlier cases.

Other Income Deduction:
The CIT (Appeals) allowed the deduction under section 80IC for other income, including writing back credit balances, insurance claim received, and income from sale of scrap. This decision was consistent with previous Tribunal rulings in the assessee's cases for assessment years 2005-06 and 2007-08. The Tribunal upheld the CIT (Appeals) decision in this regard, dismissing the Revenue's grounds of appeal.

Conclusion:
The appeal of the Revenue challenging the order of the Commissioner of Income Tax (Appeals) was dismissed by the Appellate Tribunal ITAT CHANDIGARH. The Tribunal upheld the deductions under section 80IC for manufacturing activities, job work, and other income, based on previous rulings and the absence of changes in the facts. The order was pronounced on July 30, 2012.