2011 (8) TMI 380 - ITAT KOLKATA

Deduction u/s. 80-IB - Whether income from repairing and maintenance at par with the income from manufacturing for the purpose of Sec.80-IB - Held that: the definition of manufacture under section 10AA read with section 2(r) of SEZ Act, 2005 can not be borrowed to section 80IB.

Regarding job work charges as well as repairs and maintenance, which are included in job work charges - Held that:- assessee is entitled for deduction u/s. 80-IB on income earned from job work charges but excluding repairs and maintenance charges. Our answer to second question referred is that the income from repair and maintenance cannot be treated at par with the income from manufacturing for the purposes of deduction u/s. 80-IB of the Act. - Matter remanded back to AO to determine the amount of job work charges to allow deduction u/s 80IB.