2015 (5) TMI 236

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.... the Respondent : None JUDGMENT (Per A. K. Menon) 1. The Income Tax Appellate Tribunal has referred the following two questions under Section 256(1) of the Income Tax Act, 1961 ('the Act) for the opinion of this Court :- (i) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in deleting the disallowance made u/s.40(c) of the I.T. Act, by the I.....

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....was in force at the relevant time and disallowed the payment in excess of Rs. 72,000/- in respect of the payments made to each of these persons. The Commissioner of Income Tax (Appeals) upheld the order of the ITO. In second appeal the Appellate Tribunal relying on its earleir decision on the issue deleted the addition made by the ITO. 4. The assessee had claimed to be industrial undertaking un....

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.... manufacture of an article or goods within the meaning of section 104 (40(a) as it then stood, it follows that the said activities must be treated as that of an industrial undertaking within the purview of Section 80J of the Act. This position was conceded by the counsel for the revenue in that case. 6. Accordingly, the activities of production of a film amounted to manufacturing of an article ....