2011 (7) TMI 186 - HC - Income Tax

Under Section 80IB sub-section 14(c) of the Income Tax Act - Tribunal has failed to appreciate that the term begins to manufacture or produce articles or things - Since, the appellant, admission that the appellant paid sales tax on the products which were resold cannot lead to interpretation that they were not purchased for testing when in fact they were so purchased for testing - find that the judgment of the Tribunal does not consider the question whether the products were purchased for testing and, therefore, whether the activity of the assessee of using that products in the machine amounts to manufacture and whether the relevant year can be considered to be initial Assessment Year properly - Set aside the order of the Tribunal and remand the matter back to the Tribunal for fresh consideration in accordance with law.

Summary

Issues:
Proper consideration of initial assessment year under Section 80IB sub-section 14(c) of the Income Tax Act, interpretation of "begins to manufacture or produce articles or things," relevance of products purchased for testing, whether using products in the machine amounts to manufacture, determination of the relevant year as the initial Assessment Year.

The High Court of Bombay, in the case, addressed the issue of whether the Tribunal properly considered the question of the initial assessment year as defined under Section 80IB sub-section 14(c) of the Income Tax Act. The appellant contended that the term "begins to manufacture or produce articles or things" should be interpreted as for the purpose of commerce and not merely for testing. The Tribunal's judgment was criticized for not adequately assessing whether the products were purchased for testing and if using them in the machine constituted manufacturing. The appellant's admission of paying sales tax on resold products was deemed irrelevant to the core issue. Consequently, the Court set aside the Tribunal's order and remanded the matter for fresh consideration, emphasizing the need for a proper evaluation of the relevant aspects in accordance with the law.

The Court provided interim protection to the appellant by directing that no coercive action be taken against them concerning the notices in question for a specific period. The judgment left all issues open for further examination. The appeal was disposed of with no order as to costs, signifying the conclusion of the legal proceedings without imposing any financial burden on either party. The decision highlighted the importance of a thorough and accurate consideration of the legal provisions and factual circumstances to ensure a just and equitable resolution in tax matters.