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2007 (10) TMI 521 - HC - Income TaxBlending and bottling of IMFL - Whether on the facts and circumstances of the case, the Tribunal was right in holding that blending and bottling of IMFL would amount to ‘manufacture’ for the purpose of claiming deduction under Section 80IB? Held that:- The proviso to sub-clause (iii) of sub-section (2) of Section 80-IB of the Act shows that the condition with reference to the list in the 11th Schedule does not apply at all to the case of an industry being a small scale undertaking or an undertaking referred to in sub-section (4). The industry run by the assessee is admittedly a small scale industry, reference to 11th Schedule for the purpose of consideration of the claim under Section 80-IB of the Act does not arise. On the face of the facts stated, it is not possible to accept that the blending should not be treated as a manufacturing activity under Section 80-IB of the Act. Appeal dismissed.
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