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TMI Blog2018 (5) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... iness. This fact has been admitted by the CIT(Appeals) as well as before the Tribunal. The activity of machining done by the assessee is when the machinery, which is used for manufacturing activities for export, was lying idle. When the machineries are not put to use for manufacturing activity, the assessee has engaged in machining work, undertaking it as a job work. Commissioner of Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted against the order passed in I.T.A.No.807/Mds/2002 dated 23.06.2006, on the file of the Income Tax Appellate Tribunal, Madras B Bench, Chennai, for the assessment year 1995-96. 3. The appeal has been admitted on the following substantial question of law: Whether in the facts and circumstances of the case, the Tribunal was right in holding that the Machine Charges and other income should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate authority, by order dated 07.02.2002, allowed the assessee's appeal on the said aspect and held that the income earned by the assessee from the job work of machining has to be considered as business income only. 6. With regard to other income amount of ₹ 26,000/-, it was held that, it has to be treated as business profit. In doing so, the Commissioner of Income Tax (Appeals) follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted by the Commissioner of Income Tax (Appeals) as well as before the Tribunal. The activity of machining done by the assessee is when the machinery, which is used for manufacturing activities for export, was lying idle. In other wrods, when the machineries are not put to use for manufacturing activity, the assessee has engaged in machining work, undertaking it as a job work. Therefore, on fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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