2013 (5) TMI 106

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..... 4-05) :- 3. The first issue raised by the assessee in the grounds of appeal relates to the order of the CIT(A) in disallowing the deduction u/s.80IB holding that standardisation and pasteurization of milk is not manufacture. 4. Facts of the case, in brief, are that the assessee company was engaged in the business of milk processing and acted as a milk processing unit. It filed its return of income declaring total income of Rs.17,13,370 and after claiming deduction u/s.80IB of the Act declared the total income at Rs.7,10,081. The said return was processed u/s.143(1) of the Act on 31-03-2005. Subsequently, the Assessing Officer initiated re-assessment proceedings. The assessee in response to the same stated that the original return filed ma .....

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..... ing for disposal, therefore, appropriate order may be passed. 8. We have considered the rival arguments made by both the sides, perused the orders of the Assessing Officer and the CIT(A) and the Paper Book filed on behalf of the assessee. There is no dispute to the fact that the issue relating to pasteurization of raw milk amounts to manufacture or not stands decided against the assessee by the decision of the Special Bench of the Tribunal (Pune) in the case of B.G. Chitale Vs. JCIT reported in 305 ITR (A) 81 (Pune (SB). Therefore, the issue has to be decided against the assessee. 8.1 However, since the jurisdictional High Court in the case of the assessee for the preceding two years has already admitted the substantial question of law wh .....

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..... of the perquisites of the employees as per the terms of agreement of the employment. The ground No. 2 is accordingly dismissed. ITA No.1088/PN/2010 (A.Y. 2005-06) :- 12. The grounds raised by the assessee are as under : "1. The CIT(A) has erred in confirming the disallowance of deduction u/s.80IB, giving reason that standardisation and pasteurization of milk is not 'manufacture'. Appellant prays for allowing deduction. 2. The CIT(A) has erred in confirming the disallowance of Rs.1,25,000 from out of Travelling, Conveyance, Repairs and maintenance of vehicles, Postage and Telephone etc. Appellant prays for cancellation of disallowance." 13. After hearing both the sides, we find the grounds raised by the assessee are identical to grounds .....

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