ITAT grants deduction under section 80IB for distinct marketable product

The ITAT allowed the appeal, overturning the CIT(A)'s decision and directing the AO to grant the deduction of Rs. 12,08,700 claimed under section 80IB. The ITAT determined that the manufacturing process resulted in a distinct marketable product, qualifying the assessee for the deduction.

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Issues Involved:
Denial of deduction under section 80HHC of Rs. 12,08,700 on profits earned on manufacturing of Engineered Floor Board at industrial unit at Silvasa.
The denial of deduction under section 80IB of Rs. 12,08,700.

Analysis:

Issue 1: Denial of deduction under section 80HHC:
The appeal was filed against the order of CIT(A) confirming the denial of deduction under section 80HHC. The AO denied the deduction as claimed by the assessee, stating that the manufactured material must be different from the raw material for it to be considered manufacturing. The AO relied on various decisions to support the denial of deduction. The CIT(A) upheld the AO's decision, stating that the process carried out by the assessee did not result in a new and distinct product different from the raw material. The CIT(A) found that the activities were more of processing than manufacturing, as the end product did not have a different chemical composition. However, the ITAT disagreed with this assessment.

Issue 2: Denial of deduction under section 80IB:
The solitary issue was the denial of deduction under section 80IB. The assessee was engaged in the manufacture of Engineered Floor Boards for sports courts. The AO denied the deduction, emphasizing that the processing done by the assessee did not result in a distinct product different from the raw material. The CIT(A) upheld the AO's decision, stating that the activities were processing and not manufacturing. However, the ITAT, after examining the raw material and final product, found that the raw plank underwent a significant change and value addition to become a distinct marketable product. The ITAT held that the assessee was eligible for the deduction under section 80IB and directed the AO to allow the claimed deduction.

In conclusion, the ITAT allowed the appeal filed by the assessee, setting aside the CIT(A)'s order and directing the AO to allow the deduction of Rs. 12,08,700 as claimed by the assessee. The ITAT's decision was based on the transformation of the raw material into a distinct marketable product, qualifying the assessee for the deduction under section 80IB.

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