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Issues Involved:
1. Eligibility for deduction under Section 80-I of the Income Tax Act, 1961. 2. Definition and scope of "industrial undertaking" and "manufacturing activity." 3. Applicability of the Supreme Court judgment in N.C. Budharaja & Co. to the present case. 4. Interpretation of "manufacture" and "production" in the context of Section 80-I. 5. Impact of previous assessments and consistency in tax treatment. Detailed Analysis: 1. Eligibility for Deduction under Section 80-I: The core issue in this case is whether the appellant company qualifies for a deduction under Section 80-I of the Income Tax Act, 1961. The appellant, an engineering company involved in designing, supplying, and installing effluent treatment plants, claimed this deduction, which was denied by the Assessing Officer (AO) and upheld by the Commissioner of Income Tax (Appeals) [CIT(A)] on the grounds that the appellant was not engaged in "manufacturing" or "production" activities. 2. Definition and Scope of "Industrial Undertaking" and "Manufacturing Activity": The appellant argued that it qualifies as an "industrial undertaking" engaged in the "manufacture" and "production" of effluent treatment plants, which should entitle it to the deduction under Section 80-I. The AO and CIT(A) disagreed, considering the appellant's activities as mere contract work rather than manufacturing. The appellant cited previous assessments where similar claims were allowed, emphasizing the consistency in tax treatment. 3. Applicability of the Supreme Court Judgment in N.C. Budharaja & Co.: The AO and CIT(A) relied on the Supreme Court judgment in N.C. Budharaja & Co., which held that construction activities like building dams do not qualify as manufacturing or production for tax deductions. The appellant argued that this case was not applicable to its situation, as it was engaged in manufacturing effluent treatment plants, not civil construction. The Tribunal noted that the Supreme Court's decision was specific to civil construction and should not be extended to manufacturing activities like those of the appellant. 4. Interpretation of "Manufacture" and "Production" in the Context of Section 80-I: The Tribunal examined the legislative intent behind Section 80-I, which aims to incentivize industrial growth. It was noted that the term "manufacture" implies a transformation resulting in a new and distinct article, while "production" has a broader connotation. The Tribunal found that the appellant's activities-designing, engineering, procuring, assembling, and installing effluent treatment plants-fit within these definitions. The Tribunal also referenced various judicial precedents supporting the view that assembling components into a new product constitutes manufacturing. 5. Impact of Previous Assessments and Consistency in Tax Treatment: The appellant highlighted that its claims for deduction under Section 80-I were previously allowed for the assessment years 1990-91 and 1991-92. The Tribunal emphasized the principle of consistency in tax treatment, noting that the reopening of past assessments did not necessarily invalidate the appellant's claims for the current year. The Tribunal also considered the detailed nature of the appellant's contracts, which included comprehensive obligations to design, manufacture, and commission the plants, further supporting the view that these activities constituted manufacturing. Conclusion: The Tribunal concluded that the appellant is indeed engaged in the "manufacture" and "production" of effluent treatment plants, qualifying it as an "industrial undertaking" under Section 80-I. The reliance on the Supreme Court's judgment in N.C. Budharaja & Co. was deemed misplaced, as the appellant's activities were distinct from civil construction. Consequently, the Tribunal directed the AO to grant the deduction under Section 80-I to the appellant. Result: The appeal was allowed, and the appellant was granted the deduction under Section 80-I of the Income Tax Act, 1961.
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