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2017 (2) TMI 1008 - AT - Income TaxDisallowance of deduction u/s 80IB - proof of manufacturing activity - Held that:- The facts emerge, the Audit Report/From No.10CCB issued by the CA is unsigned and undated. There is no other evidence placed by the assessee on the paper-book to corroborate the fact that the manufacturing activity of the assessee concern commenced from 28.03.2004. Besides, according to survey reports, the assessee could not demonstrate any manufacturing activity. Due to unsigned and unverified 10CCB certificate of CA, the verification of schedule ‘D’ of fixed asset also could not be made. The survey statement has not been filed by the assessee in the paper-book. Therefore, it could not be ascertained as to whether the assessee or its employees narrated any facts at the time of survey. Unless the facts of the case are properly verified, the ratio of ITAT judgment in the case of M/s. Subhalachal Print & Pack [2009 (12) TMI 961 - ITAT AHMEDABAD] wherein held activity of slitting itself involves different processes by which the character of the material is transformed into a different nature. The fact that the assessee is outsourcing certain processing activities does not disqualify the assessee to be placed in the status of a manufacturer, cannot be applied. In considered view, the facts of the case have not been properly appreciated which needs to be verified in order to arrive at proper finding of facts. Set aside the Revenue appeals back to the file of the ld. CIT(A) to decide the same afresh after verifying the relevant facts, survey material and statements, if any.
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