9911796707
TMI Blog2016 (5) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment years i.e. A.Y. 2006-07, 2007-08 and 2008-09. Both the CIT(A) as well as the Tribunal have on examination of the record rendered a finding of fact that the respondent is engaged in manufacturing activity under the control of Central and Excise Department. The document which was submitted during the assessment proceeding were not found to be lacking in any material particulars by the authorities. The impugned order also finds that payments for imports and receipts on account of exports were made through regular banking channels and with the due approval of the Customs and Central Excise Department. - Decided in favour of assessee - Income Tax Appeal No. 2429 of 2013, Income Tax Appeal No. 304 of 2014, Income Tax Appeal No. 310 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellery in all the three assessment years i.e. 2006-07, 2007-08 and 2008-09. On 25th September, 2008 a search and survey action was conducted on the respondent-assessee's premises. Consequent to the search, a notice under Section 153C of the Act was issued seeking to reassess the respondent for all the three assessment years. During the course of assessment proceedings, the Assessing Officer disallowed the respondent-assessee's claim for deduction under Section 10A of the Act. This essentially on the basis of the survey report filed consequent to the survey conducted on 25th September, 2008. The survey report indicated that at the time of survey, the premises of the respondent-assessee were locked and when opened the plant and machin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and export of the finished goods and receipt of consideration consequent to the export. It was also noted that on 25th September, 2008 when the survey took place, the respondent-assessee's unit was admittedly closed as in that assessment year i.e. A.Y. 2009-10 no manufacture took place as it did not have any export orders to meet. It is pertinent to note that all these documents in its support was submitted by the respondent before the Assessing Officer during the course of assessment proceedings. On the basis of the above finding of fact the CIT(A) found that the respondent-assessees's unit was entitled to the benefit of deduction under Section 10A of the Act in all the three assessment years i.e. A.Y. 2006-07, 2007-08 and 2008-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ismissed the Revenue's Appeal for all the three years. 7. We find that the Assessing Officer has come to the conclusion that no manufacturing activity was carried out by the respondent-assessee for the three earlier years i.e. A.Y. 2006-07, 2007-08 and 2008-09 on the basis of a survey carried out on 25th September, 2008. The result of this survey would be relevant if at all for examining the petitioner's claim, if any, under Section 10A of the Act for the assessment year 2009-10. It cannot be the basis for denying the claim of benefit under Section 10A of the Act for the earlier assessment years 2006-07, 2007-08 and 2008-09 in the absence of any evidence to support the Revenue's contention of no manufacture during the three a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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