2005 (1) TMI 29

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....resent case are as follows: The assessee-respondent is an exporter and he exported articles made of brass and claimed relief under section 35B(1A) of the Income-tax Act, 1961. He claimed himself a small scale exporter. The Income-tax Officer refused to accept the aforesaid claim of the assessee-respondent on the findings that the goods exported by the assessee were not produced in the small scale undertaking owned by the assessee. The Appellate Assistant Commissioner on appeal reversed the findings and held that the goods exported by the assessee were manufactured or produced by the assessee in the small scale undertaking owned by the assessee. The said order has been confirmed in further appeal by the Tribunal. Heard Shri Shambhu Cho....

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....y industrial undertaking which is not a small scale industrial undertaking; (b) 'Export House Certificate' means a valid Export House Certificate issued by the Chief Controller of Imports and Exports, Government of India; (c) 'provision of technical know-how' has the meaning assigned to it in sub-section (2) of section 80MM; (d) 'small-scale industrial undertaking' has the meaning assigned to it in clause (2) of the Explanation below sub-section (2) of section 32A." Clause (2) of Explanation below to sub-section (2) of section 32A reads as follows: "(2) an industrial undertaking shall be deemed to be a small scale industrial undertaking, if the aggregate value of the machinery and plant (other than tools, jigs, dyes and mould....