9911796707
TMI Blog2015 (5) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... versy on this issue, as the claim of the respondent/assessee does not fall under Explanation to sub-section (13) of Section 80IA of the Income Tax Act. The provisions contained in sub-section (5) and sub-sections (7) to (12) of Section 80-IA alone are applicable and not sub-section (4) or (13) of Section 80-IA of the Income Tax Act. Tribunal was right in holding that the deduction under Section 80IB on profits derived from industrial undertaking on job work contract is to be allowed - Decided against revenue. - Tax Case (Appeal) Nos. 1028 to 1030 of 2014 MP Nos. 1 & 1 of 2014 - - - Dated:- 11-3-2015 - R. Sudhakar And R. Karuppiah,JJ. For the Appellant : Mr T R Senthilkumar, Standing Counsel For the Respondent : None JUD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ious submissions made by the Ld. AR. I have also gone through the decisions relied on by the AO and AR. After considering the facts of the case and the precedents, I am of the considered opinion that the claim of the appellant has to be allowed. The perusal of the evidences furnished by the appellant reveal that the appellant has obtained requisite power connection from Tamilnadu Electricity Board for the manufacturing activities. The High Tension load is awarded for manufacturing activities only. From the photographs produced and the flow charts furnished it is very clear that the finished product of the appellant is distinct and different from the raw materials used. The appellant has also submitted that the goods are dispatched on paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue filed appeals before the Tribunal, which dismissed the same confirming the order of the Commissioner of Income Tax (Appeals). 5. As against the order of the Tribunal, the Revenue pursued the matter before this Court by filing the above appeals. 6. Heard Mr.T.R.Senthil Kumar, learned Standing Counsel appearing for the Revenue and perused the materials placed before this Court. 7. The short issue that arises for consideration in this appeal is whether sub-section (13) of Section 80IA of the Income Tax Act can be made applicable in respect of a claim made by the assessee in terms of Section 80IB of the Income Tax Act. 8. The respondent/assessee in this case claimed certain benefits under Section 80IB of the Income Tax Act. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of an amount equal to hundred per cent of the profits and gains derived from such business for ten consecutive assessment years. ......... (13) Nothing contained in this section shall apply to any Special Economic Zones notified on or after the 1st day of April, 2005 in accordance with the scheme referred to in sub-clause (iii) of clause (c) of sub-section (4). Explanation.-For the removal of doubts, it is hereby declared that nothing contained in this section shall apply to a person who executes a works contract entered into with the undertaking or enterprise, as the case may be. Dedu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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