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2017 (7) TMI 214 - HC - Income TaxExemption u/s. 10B - insufficient manufacturing activity set up of the assessee - Held that:- For the assessment year 1996-1997, the assessee had claimed deduction under section 80HHC and 80IA of the Income Tax Act which would be available to an industrial undertaking manufacturing or producing an article or thing. Thus in plain terms, case of the assessee was that even during the said period, the assessee was engaged in the manufacturing activity. Faced with such a situation, the assessee took an unusual stand claiming that such deduction was wrongly claimed and wrongly granted. Tribunal correctly held that the assessee cannot be allowed to blow hot and cold. Having set up and established the claim of being engaged in the manufacturing activity during a particular period, which stand of the assessee was accepted by the department, the assessee cannot be allowed to shift the stand merely because in the later year the assessee finds that it would be more advantageous to shift the beginning of 10 consecutive years for the exemption under section 10B of the Act.
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