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TMI Blog2010 (12) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... undertakings - The above details furnished by the respondent assessee supported by material documents sufficiently demonstrated before both the lower authorities - Having regard to such detailed consideration of relevant materials by the lower appellate authorities and the Tribunal which had reached a finding of fact as regards the manufacturing activity of the respondent assessee, there is no scope for interference on such finding of fact arrived at by the Tribunal - Decided against of revenue. - 601 to 603 of 2010 - - - Dated:- 7-12-2010 - Mr. Justice F.M. Ibrahim Kalifulla, Mr. Justice N.K. Kirubakaran, JJ. For appellant : Mr. K. Subramaniam For respondent : Mr. V.S. Jayakumar J U D G M E N T F.M. Ibrahim Kali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 80IA of the Act, as it stood at the relevant point of time, sub clause 12 (b) stipulates that for the purpose of that sub section an industrial undertaking shall have the meaning assigned to it in the Explanation to Section 33B. Explanation to Section 33 B defines an "Industrial Undertaking" to mean, " any undertaking which is mainly engaged in the business among other things in the manufactur or processing of things". Therefore, the relevant criteria to be applied for the assessee to claim the Investment Allowance under Section 32 A and the deduction provided under Section 80IA of the Act was to show that it is an Industrial Undertaking engaged in the manufacture of articles or thing or things. In fact, the present assessment order came ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Sec. 32 A Investment Allowance and whether it can be said that the assessee is involved in manufacturing activity namely manufacutre of an article or thing. The learned standing counsel then contended that some of the statutory forms submitted by the respondent assessee itself relates to the contracting firms and not related to manufacturing establishments. The learned standing counsel therefore contended that having regard to the stand that the respondent assessee has engaged contract workers for erection of various equipments for different parties, its activities cannot be brought within the term "Industrial Undertaking" in order to extend the benefits under Section 32 A and Section 80 IA of the Income Tax Act, 1961. 5. On the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used to purchase raw materials, manufacture and supply and errect for various public undertakings several industrial equipments comprising boilers and piping systems, heaters, crane girders, different steel plant equipment, chemical columns, girders for MRTS, power generating equipment for North Madras Refinery, various equipments for refinery maintenance, air pre-hearing system for cauvery refinery of MRL and different other mechanical equipment for cement plants. The above details furnished by the respondent assessee supported by material documents sufficiently demonstrated before both the lower authorities to confirm that the respondent assessee was squarely covered by the expression "Industrial Undertaking" by virtue of its manufacturi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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