TaxTMI 
TaxTMI 
2026 (10) TMI 58
X X X X Extracts X X X X
X X X X Extracts X X X X
....tances of the case and in law the Tribunal was right in holding that assessee is not entitled for deduction u/s. 80IB of the Act? 2- Whether on the facts and in the circumstances of the case and in law the Tribunal was right in holding that the rubber contraceptives manufactured by assessee is an item covered by Entry Nos.27 and 28 of Eleventh Schedule of the Act being a rubber fitting and hence assessee is not entitled to deduction u/s. 80IB of the Act? 3. Whether on the facts and in the circumstances of the case and in law the relief that has been granted under section 80IA/80IB for the same product in the initial assessment year a different view can be taken for the current assessment year being the Eighth year for deny....
X X X X Extracts X X X X
X X X X Extracts X X X X
....text of tyres, MRF Limited had been denied deduction under Section 80IB on the same analogy as in the present case, bringing tyres manufactured by MRF within the ambit of Serial Nos. 25 and 26 of the XI Schedule. 8. This Court accepted the claim of the assessee noting that it was only those products/goods specifically referred to in Entries 25 and 26 that would attract the bar and not all and any goods made of rubber. The Court held as follows:- "28. The revenue would also argue that the intendment of the XI th Schedule is to restrict the benefit under Sections 80IA and 80IB and other provisions that provide for accelerated and wide benefits to an assessee. Hence, a strict interpretation has to be given to the bar in regard to t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....y 28. 33. That apart, we do not find that the comma placed after the phrase 'crown corks', makes any difference to the interpretation that the fittings of cork, rubber, polyethylene or other material must relate to crown corks only. This argument is hence rejected and the substantial question of law in this regard is answered in favour of the assessee. 34. The decisions referred to by the assessee, would also support our conclusion as above." 9. The present issue is thus covered by the above decision to which one of us is a party. We accept the claim of the assessee also for another reason. The Department has accepted the claim of the assessee on identical facts and legal position for nine out of ten years comprising the....