2013 (12) TMI 837

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..... mmon question of law and facts arise in both these appeals and as they arise out of the impugned common judgment and order passed by the ITAT with respect to the same assessee but different Assessment Years, both these appeals are decided and disposed of by this common judgment and order. 2. Being aggrieved and dissatisfied with the impugned common judgment and order passed by the Income Tax Appe .....

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..... the assessee has vehemently submitted that as such the issue involved in both the Tax Appeals is covered against the revenue in the case of Commissioner of Income Tax Vs. Emptee Poly-Yarn P. Ltd. reported in [2010] 320 ITR 665 (SC). It is submitted that in the aforesaid decision, the Hon'ble Supreme Court has held that twisting and texturising partially oriented yarn amounts to manufacture in ter .....

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..... is answered in favour of the assessee and consequently the impugned common order is hereby quashed and set aside and it is held that the assessee shall be entitled to the deduction under Section 80HH and 80I of the Income Tax Act by holding that the process of twisting and texturising of partially oriented yarn amounts to manufacture in terms of Section 80IA of the Income Tax Act. 8. Under the ci .....

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