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2012 (12) TMI 1100 - AT - Income TaxEligibility to deduction u/ 80IB - subsequent claim - Held that - Deduction u/s 80IB is available for ten consecutive assessment years and the assessee claimed the deduction first time for the assessment year 2004-05, therefore, the benefit was available to the assessee for the year under consideration when nothing was brought on record to substantiate that there was change in the activities and nature of the work of the assessee for the year under consideration vis-a-vis the preceding year i.e. 2004-05. Assessing Officer allowed the claim of the assessee for deduction u/s 80IB of the Act for the assessment year 2004-05 and there is no change in the facts for the assessment year under consideration as well as in the activities of the assessee as compared to the said earlier year, therefore, the Assessing Officer was not justified in denying the claim of the assessee. - Decided in favour of assessee
Issues Involved:
1. Deduction under Section 80IB of the Income-tax Act, 1961. 2. Verification of manufacturing activities and eligibility for deduction. 3. Application of power and employment of workers in the manufacturing process. 4. Consistency in granting deductions across assessment years. Issue-Wise Detailed Analysis: 1. Deduction under Section 80IB of the Income-tax Act, 1961: The primary issue in these appeals was whether the assessee was eligible for a deduction under Section 80IB. The assessee, engaged in processing and manufacturing poplin from grey cloth, had claimed deductions which were initially allowed but later questioned by the CIT(A) under Section 263 for fresh adjudication. The CIT(A) had directed the Assessing Officer (AO) to verify the genuineness of the claim and ensure compliance with the conditions of Section 80IB. 2. Verification of Manufacturing Activities and Eligibility for Deduction: The AO denied the deduction, citing insufficient verification of manufacturing activities and low electricity expenses relative to the turnover. The assessee argued that it met all conditions for the deduction, including the use of new machinery, engaging in manufacturing processes, and maintaining proper registrations and certifications from various government authorities. The CIT(A) verified these claims and found that the assessee had indeed set up a new industrial undertaking, employed more than 10 workers, and used power in the manufacturing process. The CIT(A) concluded that the assessee fulfilled all conditions for the deduction under Section 80IB(2). 3. Application of Power and Employment of Workers in the Manufacturing Process: The AO questioned the low electricity expenses relative to the turnover, suggesting that the assessee might have purchased ready-made goods. The assessee provided detailed explanations and evidence, including the use of generators and the nature of the manufacturing process, which required less power. The CIT(A) found that the assessee had employed more than 10 workers and used power in the manufacturing process, fulfilling the statutory requirements. The CIT(A) also noted that various government departments had recognized the assessee as a manufacturing unit, further validating its claims. 4. Consistency in Granting Deductions Across Assessment Years: The assessee had been allowed the deduction under Section 80IB in the preceding assessment year (2004-05). The CIT(A) emphasized the principle of consistency, noting that the nature of the assessee's activities had not changed. The CIT(A) referred to judicial precedents, including the Hon'ble Jurisdictional High Court's judgment in M/s Grace Exports, which supported the continuation of deductions when activities remained consistent across years. The CIT(A) directed the AO to allow the deduction for the assessment years in question, as the assessee had consistently met the conditions for the deduction. Conclusion: The Tribunal upheld the CIT(A)'s findings, confirming that the assessee met all conditions for the deduction under Section 80IB. The appeals by the Department were dismissed, and the deduction was allowed for the assessment years 2005-06, 2007-08, and 2008-09. The Tribunal emphasized the importance of consistency in tax treatment and the need for thorough verification based on substantial evidence rather than presumptions.
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