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TMI Blog2019 (1) TMI 1480X X X X Extracts X X X X X X X X Extracts X X X X ..... firm engaged in manufacturing of diamond studded gold jewellery - Held that:- The respondent-assessee was granted permission by the Government to make only handmade jewelery. Accordingly, nature of manufacturing activity carried out by the respondent did not require huge plant and machinery and the absence of plant and machinery could not lead to conclusive presumption that there was no manufactur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal, Mumbai ("the Tribunal" for short). This appeal relates to the Assessment Year 2010-11. 2. Revenue has urged the following question for our consideration:- "Whether in law and on the facts of the instant case, was the Tribunal correct in holding that the conversion of gold into mountings, outsourced by the assessee is "manufacture" for the purposes of Section 10B of the Act?" 3. Respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) ["CIT(A)" for short] but without success. 5. On further appeal, the Tribunal by the impugned order noted that Government of India had granted permission to the respondent assessee to manufacture handmade jewellery. Thus, absence of plant and manufacturing could not lead to the conclusion that no manufacturing has taken place. It also permitted the cross-examination of one of the worker ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itled to the benefit under Section 10B of the Act. 6. Mr. Pinto, the learned counsel appearing in support of the appeal submits that both the Assessing Officer as well as CIT(A) found that there was no machinery available at the respondent's premises. Thus, establishing the fact that no manufacturing activity was carried. Besides the small amount of labour charges incurred as against large tu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also considered by the Tribunal and it was found that the Revenue had not carried out any examination / enquiry to ascertain what would be the fair market value of the labour charges and wages in this sort of activity. Thus, there is no reason to disbeleive the respondent. 8. The above view taken by the Tribunal is one of finding of fact. Nothing has been shown to us to establish that the findin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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