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TMI Blog2012 (2) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... Godrej and Boyce Manufacturing Co. Ltd case remanded back. Manufacture - conversion of rough marble blocks into polished and finished marble slabs, tiles, table tops - Held That:- The end product was recognized as commercial product distinct from the input.Reliance placed on Lucky Minmat Pvt. Ltd. Vs CIT (2000 - TMI - 5818 - SUPREME Court), decided in favour of assessee. - I.T.A. No.5604/Mum/2010 I.T.A. No.4416/Mum/2010 - - - Dated:- 4-1-2012 - SHRI R.S. PADVEKAR, SHRI RAJENDRA SINGH, JJ. Assessee by Shri Rahul K. Hakani Department by: Shri P.K.B. Menon O R D E R Per RAJENDRA SINGH (AM) : These cross appeals are directed against the order dated 29.3.2010 for the assessment year 2006-07. The disputes rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidered the rival contentions carefully. The dispute is regarding disallowance of claim of deduction of Rs.2,57,379/- on account of sundry balance written off and disallowance of traveling expenses of Rs.2,23,038/-. The AO disallowed the claims on the ground that no details/justification in support of the above claims were given. CIT(A) agreed with the finding of the AO. However, it is found from the perusal of the paper book that the assessee had filed details of sundry balance written off and details of traveling expenses which are available at pages 78 and 79 respectively of the paper book. But the details only give the name of the party, amount, date and no further details as to whether these were taken into account in computation of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment. The Government have since prescribed the method in the form of Rule 8D. Earlier, Special Bench in the case of Daga Capital Management (119 TTJ 289) had held that Rule 8D had retrospective application. However, the view taken by the Special Bench has not been upheld by the Hon ble Bombay High Court in the case of Godrej and Boyce Manufacturing Co. Ltd. (328 ITR 81) in which it was held that Rule 8D was prospective and was applicable only from assessment year 2008- 09. The Hon ble High Court also held that in respect of prior years, disallowance of both direct and indirect expenses has to be made on a reasonable basis after allowing opportunity of hearing to the assessee. In the present case, the assessment involved is the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacture. CIT(A) agreed with the submissions made and following the decision of the Tribunal (supra) allowed the claim of the assessee aggrieved by which the revenue is in appeal before the Tribunal. 4.1 Before us, ld. A.R for the assessee at the very outset pointed out that the issue was covered in favour of the assessee by the decision of the Tribunal in assessee s own case in A.Y 2000-01 and 2001-02 in ITA No.2968/M/04 and 7452/M/04. It was also pointed out that subsequently in A.Y 2009-10, the AO himself vide order dated 30.06.2011 passed under section 143(3) has allowed the claim of deduction under section 80IB of the Act. The ld. D.R on the other hand placed reliance on the order of AO. 4.2 We have perused the records and consid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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