TaxTMI 
TaxTMI 
TaxTMI 
2019 (6) TMI 750
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....by the impugned order, allowed the appeal filed by the respondent - assessee by taking note of the earlier decision in the case assessee's own case for the assessment years 2003-04 and 2004-05 in TCA. Nos.341 and 342 of 2007 dated 21.6.2018. In those appeals, the assessee was on appeal before this Court as against the orders passed by the Tribunal and the following substantial question of law arose for consideration in those appeals : "1. In the facts and circumstances of the case, whether the Appellate Tribunal was right in holding that the appellant is not entitled to the claim under u/s. 80IB? 2. In the facts and circumstances of the case, whether the Appellate Tribunal was right in denying the claim made u/s.43B when in fact the question of the payment itself was not disputed ? And 3. In the facts and circumstances of the case, whether the Appellate Tribunal was right in holding that the violation of the principles of the natural justice by the lower authorities has not resulting a injury to the appellant ?" 5. By judgment dated 21.6.2018, a Division Bench of this Court, to which, one of us (TSSJ) was a party, allowed the appeals filed by the assessee and the subst....
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.... set in such a manner to achieve the weight required for filing each capsules, that the prescribed weight for RG capsule is 270 mg and GL capasule is 450 mg. During production process, it should be ensured that the temperature and humidity are within the limits and the weight of the filled capsules are within the limit. Simultaneously, quality control would carry out necessary tests like disintegration test, microbiological test, moisture content test, stability test, weight test parameters and specification test etc, of the filled capsules, for which, separate records are maintained in the production department. Thereafter, the capsules are polished and quality check was done in Polishing Section, which also maintains a separate job record. Thereafter sorting and inspection is done, followed by a Quality Check Inspector and personnel, who would reject and remove the defective capsules, after which, the product, the sorted out capsules are sent to Counting and Bottling Section, then to Labelling Section, Batch Printing Section, Shrink Pack Section and Packing Section. Further it is stated that all the above manufacturing process of each section in production shall be done in the ....
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....e foreign company is fully guarded itself in the product said to be manufactured by the assessee. 22. Upon hearing all these submissions, the Tribunal came to the conclusion that the activity does not bring any new article or product and the mushroom powder even after capsulation remains the same and if it is removed from the capsule, the mushroom powder emerges out of it. It is not known as to how the Tribunal rendered such a finding as there was no material available before the Tribunal that there is no change in the composition of the drug on capsulation. As already pointed out, the Tribunal gave a finding wholly unsubstantiated by any material that the bulk form of the drug can be nakedly consume without putting them in an enclosure such as gelatine capsule. It is relevant to note that the agreement between the assessee and the International parent company dated 26.4.2004 states that the Indian Company (assessee) has set up a factory at Pondicherry with an intent to manufacture similar products and has requested the foreign company to make available the know-how to the Indian Company and after negotiations, the foreign company has agreed to make available the know how on the ....
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.... of payment itself was not disputed. The Assessing Officer rejected the claim on the ground that the payment was not made at the time of filing the return, but was made only during the course of assessment and that such step could not have taken unless the revised return had been filed. To that effect, the Assessing Officer, referred to the decision of the Supreme Court in Goetze (India) Ltd., Vs. Commissioner of Income Tax reported in [(2006) 157 Taxman 1 (SC)] and same was the view taken by CIT(A). However, ITAT proceeded on a slightly different angle, not on the ground that the petitioner had not filed the revised return that being entitled to the claim of the benefit under Section 43B, i.e., to say, on the ground that while the assessee is not in a position to spell out the nature of the liability, and it was making only verbal argument without stating the nature of expenditure and that the assessee has not produced any order of the Excise Department, through which the liability stated to have emerged and it also opined that, to avail deduction, the payments are required to be actually paid within the time stipulated to the proviso to Section 43B of the Act. In the previous par....