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2013 (10) TMI 468 - ITAT AHMEDABADDeduction u/s 80IA - manufacturing activity or not - process of refilling of argon in cylinders from cryogenic tank – Held that:- Activity of processing and filling argon gas in cylinders does not tantamount to be an activity manufacturing u/s 2(29BA) and therefore, the assessee is not eligible to claim deduction u/s 80 IA of the Act – Reliance has been placed upon the judgment of Apex court in the case of Dy. Commissioner of Agriculture Income Tax & Sales Tax v. Palampadam Plantations Ltd.[ 1969 (2) TMI 127 - SUPREME COURT OF INDIA]. Tribunal had consciously considered all the issues before it and relied upon various decisions of the Hon'ble Apex Court and the jurisdictional High Court and further dissected the activities involved in the processing/manufacturing/ filling of argon gas in cylinders and with the relevant materials on record came to a thoughtful conclusion that the applicant does not deserve the benefit u/s. section 80 IA of Act since it was not carrying on any activity of manufacturing as envisaged under the Act – Decided against the Assessee.
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