2012 (7) TMI 933

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.... 1. The Ld. CIT(A) has erred on the facts and in law in allowing the entire deduction under section 80I(C) of Rs. 1,88,90,0201- which includes the income from Job Work of Rs. 59,05,93 5/- and Other Income of Rs. 6,65,532/-. 2. Without prejudice to relief allowed in respect of entire deduction u/s 80IC, the Ld.CIT(A) has erred on the facts and in law in allowing the deduction u/s 80IC in respect of 'Job Work Income" of Rs. 59,05,935/-(Gross) 3. Without prejudice to relief allowed in respect of entire deduction u/s 80IC, the Ld. CIT(A) has erred on the facts and in law in allowing the deduction u/s 80IC in respect of 'Other Income' of Rs. 6,65,532/- accrued to the assessee on account of income from writing b....

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....d car care products. The manufacturing unit of the assessee is located at Parwanoo, Himachal Pradesh. The assessee had claimed deduction under section 80IC of the Act on account of income earned from carrying on its manufacturing activities and also from job work. This the fourth year of claim of deduction under section 80IC of the Act. The first year of claim of the assessee vis-à-vis deduction under section 80IC of the Act was assessment year 2005-06. The Assessing Officer had allowed the claim of the assessee by holding the assessee to be eligible for exemption under section 80IC of the Act in relation to the income earned from carrying on its manufacturing activities. However, the claim of the assessee vis-à-vis on account....

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.... activities. In view of the claim of the assessee being allowed from year to year we find no merit in the stand of the Assessing Officer in the present year in the absence of any change in the fact situation. We are in agreement with the order of the CIT (Appeals) in this regard. 7. The second aspect of the issue under section 80IC of the Act is deduction allowable on the profits earned from the manufacturing activities carried on job work basis. Following the order of the Tribunal in the case of assessee itself in the earlier years relating to assessment years 2005-06 and 2007-08, we find no infirmity in the order of the CIT (Appeals). 8. The third aspect of deduction claimed under section 80IC of the Act is in respect of other incom....