2008 (4) TMI 761

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....And J. C. Upadhyaya, JJ. For the Petitioner : Manish J Shah For the Respondent : KM Parikh ORDER The petitioner is a limited company at Baroda. The petitioner claimed that petitioner is a manufacturing concern and eligible for deduction under section 10B of the Income Tax Act ["Act" for short]. That deduction was allowed under section 10B of the Act in respect of the assessment i.e., s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... He claims for assessment as a manufacturer and claims deduction on the ground that he has established a new unit. Notice was issued on the ground that assessee has concealed some facts and that he is not manufacturer but only processor, and 20% of the total value of the machinery at Madras is old machinery. Mr. Shah submits that 20% old machinery was purchased in the year 200304 and hence there i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 4 years from the end of the assessment order the Assessment Officer cannot reopen the assessment. First of all, he should show that there was concealment on the part of the assessee, concealing the material facts for claiming deduction under section 10B. At page 6 of the petition, the petitioner has shown various manufacturing steps which the raw castings have to undergo [viz. Turning, boring,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ether after some processes under which the raw goods have undergone, the type is different from the original goods which were put under the process. Here, considering the processes of the raw valves for final use, when the different product has come out, then it cannot be said that it is the same goods, as the raw goods could not be used without the processes under which the goods of the assessee ....