2014 (1) TMI 26 - AT - Income Tax

Deduction u/s 80-IB of the Act Process amounts to manufacture or not Masala products manufactured - Held that - Following Assistant Commissioner of Income-tax Versus Empire Spices & Foods Mumbai Ltd. 2008 (9) TMI 879 - ITAT MUMBAI and Aspinwall and Co. v. CIT 2001 (9) TMI 3 - SUPREME Court - producing different varieties of masala using different spices as inputs would amount to manufacturing and such a process is eligible for deduction under section 80-IB of the Act - manufacturing different masala powders amounts to manufacturing activity Decided against Revenue.

Summary

Issues: Deduction under section 80-IB of the Income Tax Act for manufacturing masala products.

Analysis:
The appeal before the Appellate Tribunal ITAT Cochin revolved around the issue of deduction under section 80-IB of the Income Tax Act for the assessment year 2005-06. The primary contention was whether the manufacturing of masala products constituted "manufacture" for the purpose of claiming the deduction. The Departmental representative argued that the taxpayer, engaged in manufacturing and sale of curry powder, was merely mixing spice powders procured from sister concerns, which did not qualify as manufacturing under section 80-IB(2)(iii) of the Act. On the other hand, the taxpayer's representative contended that the meticulous process involved in procuring, cleaning, roasting, blending, and packing various raw materials to produce different types of masala products amounted to manufacturing. Citing a decision of the Mumbai Bench of the Tribunal, the taxpayer's representative argued that producing different masala varieties using various spices qualified as manufacturing and was eligible for the deduction under section 80-IB.

The Tribunal analyzed the submissions and referred to the decision of the Mumbai Bench in Empire Spices and Foods Mumbai Ltd., which held that manufacturing different masala powders constituted a manufacturing activity eligible for deduction under section 80-IB. The Commissioner of Income-tax (Appeals) also relied on this decision along with other judgments of High Courts and the Supreme Court to support the view that manufacturing masala products amounted to manufacturing activity. Considering the precedents and the Mumbai Tribunal's decision, the Tribunal found no fault in the lower authority's order and upheld the eligibility of the taxpayer for the deduction under section 80-IB. Consequently, the appeal of the Revenue was dismissed, confirming the decision in favor of the taxpayer.

In conclusion, the judgment clarified that the meticulous process involved in producing masala products, including procuring, cleaning, roasting, blending, and packing various raw materials, qualified as "manufacture" for the purpose of claiming deduction under section 80-IB of the Income Tax Act. The decision aligned with the precedent set by the Mumbai Tribunal and various judicial rulings, affirming the taxpayer's entitlement to the deduction for manufacturing masala products.