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TMI Blog2012 (11) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 80IB following the judgment in the case of ITO vs. Arihant Tiles and Marbles Pvt. Ltd.[2007 (5) TMI 132 - HIGH COURT, RAJASTHAN]. As in earlier year the matter was restored to the file of A.O. for the verification of calculation. In the current year also the A.O. had disallowed the deduction u/s. 80IB at initial point and had not checked the calculation of deduction - restore the matter to the file of AO with a direction to verify the working of calculation and allow the deduction. X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee preferred appeal before the CIT (A). 4. Before CIT (A) it was submitted by the assessee that it was entitled to deduction u/s.80IB and for that he relied on the decision in the case of ITO v/s. Sesa Goa Ltd., 271 ITR 331 (SC), Arihant Tiles & Marbles (P) Ltd., vs. ITO 295 ITR 148 (Raj.) and in the case of CIT vs. M/s. Sophisticated Marbles and Granites Industries Ltd., (2009) 225 CTR (Del.) 410. CIT (A) agreed with the contention of the assessee and held that the assessee is eligible for deduction u/s.80IB. Aggrieved with the order of CIT (A) the Revenue is now in appeal before us. . 5. Before us the Ld. D.R. submitted that for an assessee to be eligible to claim deduction u/s. 80IB, it has to be compulsorily fulfill all the cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds as under:- "5. We have carefully gone through the orders of authorities below. The various activities carried out by the assessee are almost identical which are carried out by the decision of Hon'ble Supreme Court in the case of Arihant Tiles and Marbles O. Ltd. (supra). We are therefore, of the view that the assessee is an Industrial undertaking engaged in the business of manufacture and production of article or things. The business of assessee relates to cutting and polishing of marbles stone as also mentioned by the A.O. in the assessment order. The assessee procures rough marble blocks, which is first cut or chiseled using a hammer and a chisel. Thereafter the block is cut into the form of slabs. Thereafter, these slabs are placed u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee in accordance with law." 8. Since the facts of the case are identical to that of earlier years, we following the order of the Co-ordinate Bench for Assessment Year 2005-06 hold that the activity carried out by the assessee is manufacturing and as such the assessee is entitled to deduction u/s. 80IB.We further find that in earlier year the matter was restored to the file of A.O. for the verification of calculation. In the current year also the A.O. had disallowed the deduction u/s. 80IB at initial point and had not checked the calculation of deduction. Since the calculation of deduction u/s. 80IB has not been checked by the A.O. we restore the matter to the file of A. O with a direction to verify the working of calculation and allow the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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