TMI Blog2009 (12) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... ein the Supreme Court has clearly held that unless profit is derived by the exporters in respect of the export, the supporting manufacturer is not entitled to deduction based on the disclaimer certificate issued which in this case produced by the appellant shows that exports resulted in loss to the exporters Section 80-IA - The claim is not tenable because fish processing is not manufacture or p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or export by them. In support of the assessee's claim for deduction, the assessee produced disclaimer certificate from the exporters in Form No. 10CCAB. Even though the Assessing Officer allowed the claim, the Com-missioner of Income-tax, on scrutiny of the assessment, noticed that the exporters have suffered loss in respect of the transaction and, therefore, the assessee is not entitled to claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowing the decision of the Supreme Court. 4. The next question pertains to the assessee's claim for deduction under section 80-IA. We notice that the claim is not tenable because fish processing is not manufacture or production of an article as held by the Supreme Court in CIT v. Relish Foods [1999] 237 ITR 59. Therefore, no interference is warranted with the finding of the Appellate Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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