2013 (2) TMI 175 - HC - Income Tax

Hyper technical process of manufacturing - Assembling vs. Manufacturing - Appellant is engaged in the business of manufacturing electrical goods. It is having its one unit at Mandideep and another at Parwanoo - Parwanoo unit is manufacturing electrical goods which are used in generation of the power - appellant which is manufacturing Advanced Microprocessor based Fast Bus Transfer Scheme for power generation segment - contention of the appellant is that it is a manufacturing process while the Tribunal has found that it was an assembling process Held that - Until and unless some technical expert person examines this aspect, the nature of the product cannot be ascertained whether this is a manufacturing process or is an assembling process. The Apex Cout in Oracle Software India Ltd 2010 (1) TMI 9 - SUPREME COURT OF INDIA considering similar questions held that in each case when a issue of this nature arises for determination, the Department has to study the actual process undertaken by the assessee. As per case of the appellant, it was a hyper technical process of manufacturing - In each case, where a issue of this nature arises for determination, the department should study the actual process undertaken by the assessee - Find it appropriate to remand the matter to the Assessing Officer to call an opinion of the expert in the subject or if panel of experts is available in the department, to take assistance of such panel and after getting an opinion of the experts, to decide that the product namely.

Summary

Issues Involved:
1. Jurisdiction and scope of the Tribunal in determining the nature of the product.
2. Determination of whether the appellant's process at Parwanoo unit constitutes manufacturing or assembling.
3. Adequacy of the examination by authorities regarding the nature of the product.
4. Necessity of obtaining expert opinion on the manufacturing process.

Detailed Analysis:

1. Jurisdiction and Scope of the Tribunal:
The primary legal question addressed was whether the Tribunal exceeded its jurisdiction by arriving at a factual conclusion that the assessee had not assembled any product, thereby going beyond the issue arising from the first appellate order. The Tribunal's role was scrutinized to determine if it had overstepped its boundaries in evaluating the nature of the appellant's activities.

2. Nature of the Product - Manufacturing vs. Assembling:
The appellant was engaged in producing electrical goods at different units, with the Parwanoo unit specifically manufacturing Advanced Microprocessor based Fast Bus Transfer Scheme for power generation. The appellant contended that this was a manufacturing process, whereas the Tribunal concluded it was merely assembling. The Commissioner of Income Tax (Appeal) had previously found it to be a manufactured product. The Tribunal's decision was based on the low expenditure on manufacturing and the minimal technical staff employed, which they argued was insufficient for a manufacturing process of such sophistication.

3. Examination by Authorities:
The High Court noted that neither the CIT (Appeal) nor the Tribunal had thoroughly examined the manufacturing process of the product. The CIT (Appeal) focused on the legal definition of "manufacture" and the Tribunal emphasized the financial and staffing aspects without delving into the technicalities of the manufacturing process. The High Court highlighted the necessity for a detailed examination of the actual process undertaken by the appellant, as emphasized in precedents set by the Apex Court.

4. Necessity of Expert Opinion:
The High Court underscored the importance of obtaining an expert opinion to determine the nature of the product. Citing judgments from the Apex Court, it was emphasized that the Department should study the actual process and not rely solely on dictionary meanings or financial records. The High Court found that the authorities had failed to follow this recommended approach, which necessitated a remand for a fresh examination.

Conclusion:
The High Court concluded that the matter required a detailed technical examination to ascertain whether the appellant's process at the Parwanoo unit constituted manufacturing or assembling. The case was remanded to the Assessing Officer with instructions to obtain an expert opinion or consult a panel of experts to evaluate the nature of the product. The Tribunal's decision was reversed, and the Assessing Officer was directed to re-evaluate the case with the assistance of technical experts to determine the correct nature of the appellant's activities and decide the matter in accordance with the law.