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TMI Blog2015 (11) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... the Cylinder Transport charge for the purpose of computation of allowable deduction u/s.80-IB of the Act. 3. The brief facts of the case are that the assessee is a company, engaged in the business of manufacturing and trading in CO2 Gas and Dry ice, filed its return of income for assessment year 2010-11 on 30.09.2010 admitting its income as Rs. 2,07,83,020/-. Subsequently the case was selected for scrutiny under CASS and the assessment u/s.143(3) of the Act was completed on 20.03.2013 wherein the ld. Assessing Officer restricted the deduction claimed by the assessee U/s.80-IB of the Act from Rs. 1,94,63,923/- to Rs. 2,53,10,364/- by excluding the transport charges of cylinders from the revenue. 4. It was opined by the Ld. Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transportation charges are embedded in the cost of gas or shown separately) does not alter the basic nature of such contract which remains essentially a contract for sale and not a 'works contract' as envisaged in Section.194C of the Act. Hence, in such circumstances, provisions of Chapter XVII-B of the Act are not applicable on the component of gas transportation charges paid by the purchaser to the Owner/Seller of the gas. The use of different modes of transportation of gas by Owner/Seller will not alter the position." 5. On appeal, the Ld. CIT (A) held the issue in favour of the assessee and directed the Ld. Assessing Officer to include the cylinder transport charges for the purpose of computation of deduction U/s.80-IB of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of receipt of cylinder transport charges only. In respect of balance receipts as discussed above, the Assessing Officer's action for disallowance of deduction U/s.80-IB are confirmed." 6. Ld. D.R argued in support of the order of the Ld. Assessing Officer while as the Ld. A.R. relied on the order of the Ld. CIT (A). 7. We have heard both the parties and carefully perused the materials available on record. From the order of the Ld. CIT (A) it is evident that he has decided the issue in favour of the assessee by relying on the decision of his predecessor in the assessee's own case for the assessment year 2005-06 by the order dated 04.04.2011. Moreover, on examining the facts of the case it is revealed that the Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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