TMI Blog2010 (2) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... cts and accordingly he had granted concession under section 80-IB. The claim of the assessee had been found be genuine. The Assessing Officer had also examined the various workers of the assessee and then recorded the findings. The Assessing Officer was justified in granting the special deduction under section 80-IB. The order of revision disallowing the special deduction was not valid. - 523 of 2009 - - - Dated:- 18-2-2010 - KUMAR M. M., JITENDRA CHAUHAN JJ JUDGMENT The judgment of the court was delivered by 1. M. M. Kumar J .-The Revenue has approached this court under section 260A of the Income-tax Act, 1961 (for brevity "the Act") challenging the order dated May 27, 2009, passed by the Income-tax Appellate Tribunal, Am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances, the Tribunal has opined that the power of revision could not have been exercised. 2. The Tribunal has also examined the merits of the issue raised before the Assessing Officer and the Commissioner of Income-tax (Appeals). In an answer to the query given by the assessee it was claimed that he is fully eligible for deduction under section 80-IB (4) of the Act. He further stated that the definition of small scale industries has been expanded under section 80-IB (14) (g) of the Act. The question considered by the Assessing Officer was whether it is indulging in manufacturing process or not. The assessee has been engaged in the production or manufacture of article or thing, i.e., components of tractors like differential housing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enty six photographs of the components and machinery and assembly process taken in your presence, please give the description of the same. Answer: I have given the description at the back side of each photograph under my signature." 3. The Assessing Officer has given a categorical finding that the assessee is engaged in the process of manufacturing of products and accordingly he has granted concession under section 80-IB of the Act. The Tribunal has placed reliance on a judgement of the hon'ble the Supreme Court in the case of Textile Machinery Corporation Ltd. v. CIT [1977] 107 ITR 195. In that case the assessee was engaged in the machining of raw-casting, heat treatment of raw-crank shaft and polishing of raw casting etc. and is there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar cover, differential housing and reduction unit are being done at M/s ITL, Hoshiarpur on precision sophisticated CNC and other special purpose machines" 5. The Assessing Officer has also examined the various workers of the assessee and have then recorded the finding which answer the provisions of section 80-IB (4) of the Act. 6. Having heard the learned counsel at a considerable length, we are of the view that the order of the Tribunal does not suffer from any legal infirmity or give rise to any such substantive question of law which may warrant admission of the appeal. The exercise of revisional jurisdiction by the Commissioner of Income-tax is wholly without any justification. It has rightly been held that change of opinion by reapp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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