TaxTMI 
TaxTMI 
2021 (3) TMI 363
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Tribunal 'B' Bench, Chennai (for brevity "the Tribunal") for the assessment block period 01.04.1986 to 31.03.1996 and 01.04.1996 to 30.01.1997. 2.The appeal has been filed raising the following substantial questions of law:- "(1) Whether on the facts and in the circumstances of the case, the Appellate Tribunal is justified in allowing the claim of deduction u/s 80IA without appreciating that the conditions laid down in Section 80IA have not been satisfied by the assessee? and (2) Whether on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in not appreciating that the relied upon decision and the assessee's case are distinguishable on facts?" 3.Heard Mr.T.R.Senthil Kumar, learned Sen....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rmore, in the case of the said benamidar, Mr.Francis Joseph, assessment proceedings were initiated and ultimately, the matter came up to this Court in T.C.A.No.1318 of 2005 at the instance of the Revenue. The tax case appeal was filed raising identical substantial questions of law, as raised before us in this appeal by the Revenue. The Division Bench, by judgment dated 22.06.2012, disposed of the appeal and restored the matter back to the files of the Assessing Officer for the assessee to produce necessary material to satisfy the conditions under sub-Clause (ii) of sub- Section (2) of Section 80IA of the Act. In paragraph 12 of the judgment, the Court had recorded that if the assessee (Francis Joseph) is able to prove that it is not a form ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....said case also, the assessee was engaged in the activity of film production. Thus, after taking note of the said decision and also noting that the Revenue was not able to show that there was any transfer of used machinery or plant to a new business and that the production of cinema film would amount to manufacturing or processing of goods as qualified by the Central Board of Direct Taxes circular dated 23.07.1999, decided the case in favour of the assessee. 10.The point, now canvassed before us by the Revenue stating that the condition stipulated in sub-Section (7) of Section 80IA of the Act has not been fulfilled by the assessee, is a point, which was never taken by the Revenue at any earlier point of time. That apart, the benamidar of th....