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2011 (2) TMI 282 - HC - Income TaxCondonation of delay - Upon hearing learned counsel for the parties and on a perusal of the application, the delay in refiling the appeal is condoned subject to payment of costs of Rs. 5,000 to the Delhi High Court Legal Services Committee Deduction under section 80-IB - Assessing Officer completed the assessment under section 143(3) on December 27, 2006 and disallowed the deduction amount to Rs. 54,83,360 claimed by the assessee under section 80-IB of the Act - It is noticed that the processing undertaken by the assessee-company cannot be held to be amounting to manufacturing or production of an article or thing and, therefore, the basic condition for eligibility of 80-IB deduction is not found to have been fulfilled and, hence, the deduction claimed under section 80-IB is not found to be allowable - Held that the assessee is engaged in processing and not manufacturing and as such is not eligible for deduction under section 80-IB - the assessee or the Excise Department have been taking the activities as manufacturing, that would be sorted out by the assessee with the Excise Department even to the extent of asking for refund of excise duty, if it was so entitled to - Appeal is allowed
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