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2013 (11) TMI 1273 - AT - Income TaxEligibility for Deduction u/s 80-IC(2)(b)(ii) - Product handicraft OR 100% machine made/machine - Held that - The product manufactured by the assessee i.e. Handicraft Items comes within the ambit of section 80IC of the Act - The percentage of utilization of human skills through manual intervention cannot be measured because there is no objective standard to measure such involvement of human skill towards production or manufacturing of the finished goods - The articles are surely graced with visual appeal in the nature of ornamentation with an element of artistic improvement - the value added by way of human skill or craftsmanship or artisanship has not got consumed or obliterated by the use of machine and to that extent the end product can be definitely termed as handicraft - The Revenue should respect the observations and findings of the ITAT or it may proceed for further legal remedy against the earlier orders of the Tribunal Following Unison Hotels Ltd. Versus Deputy Commissioner of Income-tax, Circle 18(1), New Delhi 2012 (8) TMI 258 - ITAT DELHI . appellant has undertaken substantial expansion within the meaning of section 80- IC(8) (ix) stands settled in the first year of such claim of deduction u/s 80-IC of the I.T. Act - the criteria of substantial expansion has been accepted to be fulfilled in the first year of such claim of deduction u/s 80IC in A.Y. 2004-05 Decided against Revenue.
Issues Involved:
1. Whether the product manufactured by the assessee qualifies as "handicraft" for the purpose of deduction under Section 80-IC(2)(b)(ii) of the Income Tax Act, 1961. Detailed Analysis: Issue 1: Qualification of Product as "Handicraft" for Deduction under Section 80-IC(2)(b)(ii) Assessing Officer's Observations: The Assessing Officer (A.O.) observed that the assessee's products were not manufactured solely or majorly by manual skill or art. Despite hiring manual labor, the facts did not support the claim that the products were exclusively handmade. The A.O. concluded that the products were machine-made rather than handicrafts, disallowing the deduction under Section 80-IC(2)(b)(ii). A.O.'s Definition of Handicraft: The A.O. referred to the 'ADVANCED LAW LEXICON' which defines handicraft as goods produced by hand involving manual skill or art, such as pottery, woven goods, and embroidery. The A.O. emphasized that the process should be majorly non-machine based. Commissioner of Income Tax (Appeals) [CIT(A)] Decision: The CIT(A) allowed the assessee's appeal, stating that the A.O. erred by not considering the assessee's eligibility for deduction under Section 80-IC(2)(a)(ii). The CIT(A) held that since the assessee was eligible under the first clause, there was no need to consider the alternative plea under Section 80-IC(2)(b)(ii). The CIT(A) expunged the A.O.'s findings on the ineligibility under the alternative clause as irrelevant. ITAT's Observations: The ITAT Delhi 'I' Bench had previously dismissed similar appeals by the Revenue for AY 2004-05, 2005-06, and 2006-07, upholding the CIT(A)'s decision that the assessee's products qualify as handicrafts. The ITAT noted that the assessee's products involved significant manual skill and artistic improvement, meeting the criteria set by the Supreme Court in CCE vs. Louis Shoppe. Supreme Court Criteria for Handicraft: 1. Predominantly made by hand, with permissible use of machinery. 2. Graced with visual appeal through ornamentation or artistic improvement. Conclusion by ITAT: The ITAT found that the products were indeed handicrafts as they involved substantial manual skill and artistic elements. The ITAT upheld the CIT(A)'s decision, noting that the Revenue had not appealed against the earlier ITAT decisions for previous assessment years. The ITAT emphasized consistency and respect for previous rulings, dismissing the Revenue's appeal for AY 2008-09. Final Judgment: The appeal by the Revenue was dismissed, affirming that the assessee's products qualify as handicrafts eligible for deduction under Section 80-IC(2)(b)(ii). Summary: The ITAT Delhi upheld the CIT(A)'s decision allowing the assessee's claim for deduction under Section 80-IC(2)(b)(ii), confirming that the products manufactured qualify as handicrafts. The ITAT referenced prior consistent rulings and the Supreme Court's criteria for handicrafts, dismissing the Revenue's appeal.
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