TaxTMI 
TaxTMI 
2019 (4) TMI 1516
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....d. The contention of the Ld.AR is that the issue raised in Ground Nos. 1 to 4 are covered by the decision of this Tribunal in assessee's own case for AYs 2009-10, 2010-11, 2012-13 to 2013-14 vide order dated 30.11.2016 in IT(SS)A No.-19-22/Kol/2016. On perusal of the said order, we find the issue raised in this appeal by the Revenue has been discussed by the Coordinate Bench of this Tribunal and by following principle of consistency, confirmed the order of CIT(A) in allowing deduction u/s 80IE of the Act. The relevant portion of which is reproduced herein below:- 6.4. "Having heard the rival contentions and perused the materials available on record, we are of the view that there is merit in the submission of assessee, as the proposition....
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....en though relied on the decision of the Hyderabad Bench "A" of the Tribunal in the case of Venkateswara Feeds & Feeds -vs- ACIT 22 Taxmann.com 234 (Hyd.) but we noted that the undertaking for which the assessee has claimed the deduction under section 80-1B was merely engaged in converting the poultry mash feed into pellet feed and therefore that Bench has held that there was no change in the basic component or new or different article came into existence. As such, conversion was processing activity not manufacturing. The case of the assessee under consideration is entirely different. The assessee's eligible undertaking itself was independently carrying out the complete activity i.e. from mixing, grinding till the pelletisation. The raw ....
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....sessment order the AO has held that making poultry feed cannot be stated as manufacturing as no new product of a different chemical composition or different integral structure was produced. Therefore he held that the business of the assessee did not involve any manufacturing activity. 2.3. Similar view has been taken by the AO for disallowing claim of the assessee made under section 80lE of the I.T. Act for earlier assessment year as well as AY 2014-15. It has already been explained above that the assessee is engaged in the manufacturing of Poultry & Cattle Feeds. The similar view has also been held by your Honour as well as Hon'ble ITAT, Kolkata in the case of the assessee in the appeal for the earlier assessment years. 2.4 Therefo....
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....Rs. 64,936/- and the balance addition of Rs. 7,53,461/- is directed to be deleted." 10. Admittedly this exercise was not done before the AO and with the consent of both parties, we deem it proper to remand the matter to the file of AO for his fresh consideration to recompute the disallowance taking into consideration the investments which yielded the dividend income. Thus, Ground No.6 raised by the Revenue are allowed for statistical purposes. 11. Ground No.7 is relating to deletion of addition made on account of section 14A relevant to book profit u/s 115JB of the Act. It is noted that the AO discussed above, added an amount of Rs. 8,71,415/- by invoking Rule 8D(2) under the normal provisions of the Act. Again the same amount was added b....