2015 (5) TMI 181 - AT - Income Tax

Tribunal upholds assessee's eligibility for tax deduction under section 80IB

The Tribunal dismissed the Revenue's appeal, affirming the assessee's eligibility for deduction under section 80IB of the Income Tax Act, 1961, amounting ... Deduction u/s. 80IB - Held that:- no additional facts have been brought by the AO except that the activity undertaken by the assessee is not a manufacturing activity, but only assembling activity - Following decision of Bhagat Textile Engineers Versus Department of Income Tax [2013 (4) TMI 231 - ITAT AHMEDABAD] - CIT(A) has already treated acitivity of assessee as manufacturing one and held that assessee is eligible for deduction u/s. 80IB - Decided against Revenue. Issues:1. Eligibility for deduction u/s. 80IB under the Income Tax Act, 1961 based on manufacturing activity.Analysis:The appeal was filed by the Revenue against the order of the Commissioner of Income Tax (Appeals) for the Assessment Year 2008-09. The main contention was whether the activity of the assessee, a partnership firm running an industrial undertaking named 'M/s. Bhagat Textile Engineers' in a backward area of U.T. of Dadra & Nagar Haveli, qualified as a manufacturing activity for claiming deduction u/s. 80IB of the Income Tax Act. The Assessing Officer had disallowed the claim of the assessee under u/s. 80IB, citing that the activity of assembling did not meet the criteria of manufacturing activity and that the manufacturing activities did not commence before the specified date. The First Appellate Authority, in line with its previous decisions for other assessment years, ruled in favor of the assessee.The Tribunal, in its analysis, noted that the Assessing Officer had not presented any new facts for the current assessment year, reiterating that the activity was assembling and not manufacturing. However, the Tribunal referred to its earlier decision for a different assessment year where it had held in favor of the assessee based on relevant case laws. The Tribunal upheld the CIT(A)'s decision, emphasizing that the activity of the assessee was indeed manufacturing, thereby making the assessee eligible for the deduction u/s. 80IB. The Tribunal found no reason to interfere with the CIT(A)'s findings, as the facts remained consistent, leading to the dismissal of the Revenue's appeal.In conclusion, the Tribunal dismissed the appeal filed by the Revenue, affirming the eligibility of the assessee for deduction u/s. 80IB under the Income Tax Act, 1961, amounting to Rs. 5,55,43,533. The judgment was pronounced on March 13, 2015, upholding the decision in favor of the assessee based on the nature of the activity being classified as manufacturing, thus meeting the criteria for the deduction under the specified section of the Income Tax Act.