ITAT allowed the assessee's appeal and directed deletion of the...

ITAT allowed the assessee's appeal and directed deletion of the impugned addition, holding that the assessee qualifies for deduction under s. 80IB(2). The Tribunal found the first limb satisfied, concluding the assessee was engaged in manufacturing activity despite revenue's characterization. The second limb was satisfied on the basis of the AO's remand report which categorically found use of new plant and machinery. The third limb-engagement of ten or more persons in the undertaking while using power-was held satisfied on the factual matrix, including the contractual arrangement for ancillary workers and maintenance of a specific wages register. The additions by the AO and confirmation by the CIT(A) were set aside and matter remitted for compliance with this direction.

---