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2014 (11) TMI 371 - AT - Income TaxDeduction u/s 80IB - Business of manufacturing of LED based products – Major manufacturing activity is done by the Job Worker - Further processing done by the assessee - Held that:- The Assessee is a small-scale industrial undertaking having Permanent Registration No.30325068/Sl dated 18.08.1997 and obtained Excise Licence having R. C. No.20/M/8/C/9 Cal- E/97 dated 06.06.1997 which has presently been changed to AABCB2719DXM001 – following the decision in Ujagar Prints Vs. Union of India [1989 (1) TMI 122 - SUPREME Court] - monitoring and soldering of raw materials/components on Circuit Board as performed by Job Worker is only one part of the manufacturing activities has not resulted towards emergence of any product which has commercial identity and is excisable - It was not considered by the AO that had such work performed by Job Worker resulted into emergence of a product having commercial identity, then such work would have attracted the Excise Act - assessee is a small-scale industrial undertaking and is engaged in the business of manufacturing of any article or thing - All conditions laid down in Section 80-IB of the Act stands satisfied - Central Excise authorities recognizes the assessee as manufacturer and is collecting Excise Duty from the Assessee for manufacture of excisable goods. The Central Excise Authorities recognizes assessee as manufacturer and is collecting Excise Duty for manufacture of excisable goods for carrying out the operation of fitting, mounting and soldering of raw materials/components at the factory of the Job Worker under close supervision and monitoring by the employees of the assessee, further processing, burning and testing shall be carried out at the factory of the assessee, whereby and whereto a product will emerge which is having distinct Identity in the commercial world – assessee is eligible for deduction u/s 80-IB – Decided in favour of assessee.
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