2016 (7) TMI 1375 - HC - Income Tax

Deduction u/s 80HH/801/801A - Activity of mere bottling of LPG gas into gas cylinders amounts to production or manufacturing activity - Held that - We find that the impugned order of the Tribunal allowed the Respondent-Assessee s appeal holding that it is entitled to the benefit of Section 80HH and 80I/80IA of the Act, in respect of its LPG Bottling Plants by following the decision of Commissioner of Income Tax Vs. M/s. Hindustan Petroleum Corporation Limited). 2013 (5) TMI 124 - BOMBAY HIGH COURT

Summary

Issues involved:
Challenge to the order of the Income Tax Appellate Tribunal regarding the applicability of Section 80HH/80I/80IA of the Income Tax Act, 1961 to the activity of bottling LPG gas.

Analysis:

1. The appeal under Section 260A of the Income Tax Act, 1961 challenges the order of the Income Tax Appellate Tribunal (Tribunal) dated 30th April 2013 concerning the Assessment Year 1999-2000. The Appellate Revenue raised the question of whether the activity of bottling LPG gas into cylinders qualifies as production or manufacturing activity for the purposes of Section 80HH/80I/80IA of the Act.

2. The Tribunal's order allowed the Respondent-Assessee's appeal, granting them the benefit of Section 80HH and 80I/80IA of the Act for their LPG Bottling Plants. This decision was based on a previous ruling of the court dated 7th March 2013 in a related case. The counsel for the Revenue acknowledged that the issue had been settled against them by the court's earlier decision in a similar case involving Hindustan Petroleum Corporation Limited.

3. The counsel for the Revenue conceded that the issue was conclusively settled against them by the court's previous judgment. Consequently, the question posed by the Revenue did not give rise to any substantial question of law and was not entertained by the court.

4. As the matter was considered settled based on the earlier decision, the court dismissed the appeal without any order as to costs. The judgment reaffirmed the applicability of Section 80HH and 80I/80IA of the Income Tax Act to the activity of bottling LPG gas, as established by the court's previous rulings.