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TMI Blog2013 (9) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of the Assessee. This view is supported by the decision of Hon'ble Bombay High Court in the case of CIT vs. Gopal Purohit [2010 (1) TMI 7 - BOMBAY HIGH COURT ]. - ITA NO. 77/PNJ/2013 - - - Dated:- 13-9-2013 - SHRI P.K. BANSAL, HON BLE ACCOUNTANT MEMBER AND SHRI D.T. GARASIA, HON BLE JUDICIAL MEMBER For the Appellant: Nishant K., DR For the Respondent: Tata Krishna, CA O R D E R PER D.T. GARASIA : 1. This appeal has been filed by the Revenue against the order of CIT(A) dt. 4.3.2013 for A.Y. 2006-07 by taking the following effective grounds of appeal : 1. The order of ld. CIT(A) is opposed to law and fact of the case. 2. The Ld. CIT(A) Panaji, has erred in deleting the addition U/s 80IB of the I.T. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... product. b) As per the registration certificate issued by Directorate of Industries and Mines, Panaji, SI. No. 10 i.e. Nature of Activity - Manufacturing/Assembling, (01), Processing (02), Job work (04, Repairing/ Servicing (08), actual code allotted (05) which is not at all falling under manufacturing activities. c) As per Sr. No. 28(b) of the 3CD report, the company is using raw materials such as Titanium Blanks, S.S. Blanks and the finished products of the company are Nozzle Rings . The consumption of raw materials is found to be meager in comparison to the total turnover, which implies that the assessee does not procure its own raw material and perform job work for others. In view of the above, during the course of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning Charges of ₹ 1,22,66,222/-) of total receipts. These receipts are nothing but labour charges received from the customers. In this connection, the assessee's submission from the letter dated 26.07.2011 quoted hereunder: Sometimes raw materials such Titanium Blanks, Fibre Spacer Blanks, Aluminum Blanks/Rods, Steel Blanks/Rods etc. are supplied by the customers and the parts/ components as per the specification of the customers are manufactured and supplied. In view of the above, it is clear that the assessee is not in the business of manufacturing activity and it is in the business of Assembling, Processing, Job Work, Repairing, Servicing etc. this fact is further evident from the Registration certificate issued by Directorat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat no deduction was allowed even on the 'own sale receipts' of the assessee company. 3.3 We have heard the rival contentions of both the parties. Looking to the facts and circumstances of the case, we find that the Assessee is engaged in manufacturing of machine components vis- -vis spares, compressor parts, nozzle rings and other turbo machinery parts. The Assessee is located in industrially backward area as notified in 8th Schedule of the Act and claimed deduction u/s 80IB(4) of the Act for A.Y. 2006-07 and this is the third year of the claim. The claim of the Assessee for A.Ys 2004-05 and 2005-06 have been allowed. During the course of hearing the ld. AR was asked whether in A.Y. 2004-05 the Department had objected or re-op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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