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2015 (3) TMI 536 - HC - Income TaxEntitlement to deduction under Section 80IB - assessee does not manufacture any goods by itself, but gets the same manufactured by others on job work basis - CIT(Appeals) following assessee's own case in respect of the earlier assessment year, partly allowed the appeals - Held that:- Revenue fairly stated that the issue involved in this case is squarely covered by a decision of this Court in the case of The Commissioner of Income Tax, Coimbatore vs. M/s. Elgi Ultra Industries Limited, Coimbatore [2012 (8) TMI 809 - MADRAS HIGH COURT] wherein held even though the assessee had not employed its own employees, yet, the fact is that at every stage the assessee had extracted control over the job work as though they were employees of the assessee. Given the fact that the dyes and the materials were given by the assessee to the job workers, who had merely bestowed their labours, no hesitation in accepting the case of the assessee that it qualify for relief under Section 80IA thus answering the question in favour of the assessee - Decided against revenue.
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