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2014 (8) TMI 939 - AT - Income TaxDeduction u/s 80IB - Held that:- In ‘M/s Metropolitan Springs Pvt. Ltd.’ (1980 (10) TMI 29 - BOMBAY High Court), the Tribunal’s decision, to the effect that once the materials are fed into the machine, whether for trial production or for commercial production, it would amount to manufacture, was held to be incorrect, as being inconsistent with the case of ‘CIT Vs. Hindustan Antibiotics Ltd’, [1973 (7) TMI 3 - BOMBAY High Court]. The case of ‘Hindustan Antibiotics Ltd’ (supra), it is seen, has also been followed in the case of ‘M/s Nestor Pharmaceuticals Ltd.’(2009 (12) TMI 215 - DELHI HIGH COURT). - No decision contrary, either to ‘M/s Nestor Pharmaceuticals Ltd.’ (supra), or to ‘M/s Metropolitan Springs Pvt. Ltd.’ (supra), has been cited before us by the Department. Therefore, we uphold that the learned CIT(A) has rightly followed the cases of ‘M/s Nestor Pharmaceuticals Ltd.’ (supra) and ‘Metropolitan Springs Pvt. Ltd.’ (supra) to decide the issue in favour of the assessee. Accordingly, the CIT(A)’s order in this regard is confirmed. - Decided against Revenue.
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