2015 (10) TMI 1016 - HC - Income Tax

Entitlement to deduction u/s. 80IB - whether process of galvanizing of H.R. strips/Coils/CR Coils amounts to manufacture/production of article/thing? - Held that - Identical question had been raised by the revenue in respect of the Assessment Year 2004-05 2015 (10) TMI 1060 - BOMBAY HIGH COURT wherein revenue appeal dismissed concluding process of galvanizing of H.R. strips/Coils/CR Coils amounts to manufacture/production of article/thing entitling the assessee to deduction u/s. 80IB - Decided in favour of assessee.

Summary

Issues:
Challenging common order of Income Tax Appellate Tribunal under Section 260A for Assessment Years 2006-07 and 2007-08. Question of law regarding galvanizing process for deduction u/s. 80IB.

Analysis:
The appellant filed appeals challenging the common order of the Income Tax Appellate Tribunal for the Assessment Years 2006-07 and 2007-08 under Section 260A of the Income Tax Act, 1961. The main question of law raised by the appellant's counsel was whether the galvanizing process of H.R. strips/Coils/CR Coils amounts to manufacture/production of article/thing entitling the assessee to deduction u/s. 80IB. It was noted that a similar question had been raised previously by the revenue for the Assessment Year 2004-05, which was addressed by the High Court in a previous decision dated 7 April 2015. In that case, the Court dismissed the revenue's appeal, and it was mentioned that the decision had been accepted by the revenue and was not challenged further.

The Court found that since the question raised in the current appeals was identical to the one addressed in the previous decision dated 7 April 2015, which was already settled in favor of the respondent-assessee, it did not give rise to any substantial question of law. Therefore, the Court dismissed both appeals, citing that the issue was already covered by the binding decision of the Court from the previous case. As a result, no costs were awarded in this matter.