2013 (5) TMI 106

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.... order. ITA No.1087/PN/2010 (A.Y. 2004-05) :- 3. The first issue raised by the assessee in the grounds of appeal relates to the order of the CIT(A) in disallowing the deduction u/s.80IB holding that standardisation and pasteurization of milk is not manufacture. 4. Facts of the case, in brief, are that the assessee company was engaged in the business of milk processing and acted as a milk processing unit. It filed its return of income declaring total income of Rs.17,13,370 and after claiming deduction u/s.80IB of the Act declared the total income at Rs.7,10,081. The said return was processed u/s.143(1) of the Act on 31-03-2005. Subsequently, the Assessing Officer initiated re-assessment proceedings. The assessee in response to the s....

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....as been admitted by the Hon'ble High Court which is pending for disposal, therefore, appropriate order may be passed. 8. We have considered the rival arguments made by both the sides, perused the orders of the Assessing Officer and the CIT(A) and the Paper Book filed on behalf of the assessee. There is no dispute to the fact that the issue relating to pasteurization of raw milk amounts to manufacture or not stands decided against the assessee by the decision of the Special Bench of the Tribunal (Pune) in the case of B.G. Chitale Vs. JCIT reported in 305 ITR (A) 81 (Pune (SB). Therefore, the issue has to be decided against the assessee. 8.1 However, since the jurisdictional High Court in the case of the assessee for the preceding two y....