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2008 (12) TMI 370 - HC - Income TaxIndustrial undertaking- special deduction- The assessee is engaged in manufacturing and trading of tractor and auto parts and also doing job work of similar nature. It claimed deduction under section 80-IB of the Act on income from job work which was partly allowed by the Assessing Officer. On appeal the Commissioner of Income-tax (Appeals) upheld the plea of the assessee which has been affirmed by the Tribunal. Held that- it was not the case of the revenue that the business of the assessee did not fall under sub-section (3) to (11) (11A) or (11B) of the Ac. The assessee was at liberty to do manufacture for itself or for others which makes no difference for purpose of section 80-IB of the Act.
Issues:
Interpretation of deduction under section 80-IB of the Income-tax Act for income derived from job work. Analysis: The judgment delivered by the High Court pertains to an appeal under section 260A of the Income-tax Act, 1961 against the order of the Income-tax Appellate Tribunal. The main issue raised was whether deduction under section 80-IB is permissible on income derived from processing activities as processing activities do not constitute the manufacture of a product. The assessee, engaged in manufacturing and trading of tractor and auto parts, claimed deduction under section 80-IB on income from job work, which was partly allowed by the Assessing Officer. The Commissioner of Income-tax (Appeals) upheld the plea of the assessee, a decision affirmed by the Tribunal. The Revenue contended that the deduction under section 80-IB was not admissible for the job works done for others. However, the court pointed out that the applicability of section 80-IB only requires deriving income from businesses specified in the Act, without any distinction between manufacturing for self or others. The Tribunal's decision was supported by the Delhi High Court's similar view in a previous case. The court held that since the Tribunal's decision aligns with the statutory language, no substantial question of law arises. Consequently, the appeal was dismissed, affirming the Tribunal's decision on the deduction under section 80-IB for income derived from job work.
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