2017 (4) TMI 1556 - AT - Income Tax

Disallowance of deduction u/s 80IC - manufacturing got done by outside parties - denial of deduction on sale of products to the extent of profits relating to manufacturing which was got done through outside parties - HELD THAT - It is not essential for the assessee to carry out the entire manufacturing itself for the purpose of claiming deduction on the profits earned thereon and even if a part of activities were outsourced or for that matter even if the whole manufacturing activities were outsourced but carried on under the supervision and control of the assessee it would still tantamount to manufacturing activity being carried out by the assessee itself making it eligible to claim deduction of profit earned thereon. The ITAT thereafter applying the said legal proposition to the facts of the case as per which the assessee carried out all the processes involved in the manufacturing of S.S. Flats except one and the final product in any case was manufactured by the assessee itself and further that the process outsourced was as per its specification and requirement, held that in such circumstances the only conclusion which could be drawn was that the product had been manufactured by the assessee. It was therefore held that in view of the same there was no question of denying the assessee the benefit of deduction of its eligible profits under section 80IC Since the facts in the present case are identical to that in the case of M/s Jaiswal Metals Pvt. Ltd. 2017 (2) TMI 1498 - ITAT CHANDIGARH the decision rendered therein squarely applies to the present case also following which we hold that the assessee is entitled to deduction of its entire eligible profits u/s 80IC - The addition therefore made is directed to be deleted.- Decided in favour of assessee.

Summary

Issues Involved:
1. Disallowance of deduction claimed under Section 80IC of the Income Tax Act, 1961 on sale of products manufactured through job work.
2. Disallowance of car expenses for alleged personal use.

Issue-wise Detailed Analysis:

1. Disallowance of Deduction Claimed under Section 80IC on Sale of Products Manufactured through Job Work:

The primary issue in both appeals pertains to the disallowance of the deduction claimed under Section 80IC of the Income Tax Act, 1961, on the sale of products to the extent of profits relating to manufacturing done through outside parties. The assessee claimed a deduction on the profits and gains from its industrial undertaking, which included profits from the conversion of stainless steel ingots into stainless steel flats by an associate company, Nahan Ferro Alloys & Chemicals Pvt. Ltd. (NFA). The Assessing Officer (AO) disallowed a portion of this deduction, arguing that only profits from manufacturing activities undertaken by the assessee itself are eligible for deduction under Section 80IC.

During the appellate proceedings, the assessee contended that there is no specific requirement under Section 80IC mandating that the entire manufacturing process must be in-house. The assessee argued that due to economic viability and lack of sufficient in-house facilities, part of the manufacturing process had to be outsourced. The CIT (Appeals) upheld the AO's decision, stating that the entire manufacturing must be done by the assessee to claim the deduction.

However, the ITAT referred to a similar case, M/s Jaiswal Metals Pvt. Ltd. Vs JCIT, where it was held that outsourcing part of the manufacturing process does not disqualify the assessee from claiming the deduction under Section 80IC. The ITAT reiterated that the essential condition for claiming the deduction is that the assessee must be engaged in manufacturing, and it is not necessary for the entire process to be carried out in-house. The ITAT concluded that the assessee is entitled to the deduction of its entire eligible profits under Section 80IC, including profits from the outsourced manufacturing process.

2. Disallowance of Car Expenses for Alleged Personal Use:

In both appeals, the assessee also contested the disallowance of car expenses for alleged personal use. However, this ground was not pressed before the ITAT, and thus, it was treated as dismissed.

Conclusion:

The ITAT allowed the appeals partly, confirming that the assessee is entitled to the deduction of its entire eligible profits under Section 80IC, including those from the manufacturing process outsourced to an associate company. The disallowance of car expenses for alleged personal use was dismissed as it was not pressed by the assessee.