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2011 (4) TMI 968 - HC - Income TaxWhether Tribunal was right in holding that the activity of the assessee of manufacturing of identity cards amounts to 'manufacture' and the undertaking of the assessee is an 'industrial undertaking' for the purpose of section 80-IA of the Act and the assessee is eligible for the benefit under section 80-IA of the Act - Held that:- Schedule XI prescribes negative list which in terms of clause (iii) of sub-section (2) of section 80-IA denies the benefit to an assessee in respect of manufacture or production of items which falls thereunder. Entry 10 of Schedule XI reads "photography apparatus and goods". The manufacture of identity cards cannot be described as photography apparatus and goods. In fact, the assessee is taking the aid of photographic apparatus and goods for manufacturing or producing identity cards. The Tribunal, while adjudicating the aforesaid issue in favour of the assessee, no substance in the objections raised by the Revenue, the question of law is answered against the Revenue and in favour of the assessee, appeals are dismissed
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