TMI Blog2014 (1) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... 12-2013 - Shri D. Manmohan And Shri B. Ramakotaiah,JJ. For the Petitioner : Shri C. P. Ramaswamy For the Respondent : Shri B. Yadagiri ORDER Per D. Manmohan, J. M. These appeals are filed at the instance of the assessee-company and pertain to the assessment years 2004-2005 and 2005-2006. The issue involved in both the appeals being identical, we proceed to dispose of these appeals by a combined order for the sake of convenience. 2. The assessee-company is engaged in the business of manufacture of bulk drugs and its intermediaries. For the years under consideration it claimed deduction under section 80IB of the Act on the ground that it is a Small Scale Industrial Unit (in short "SSI") and its investment in plant and m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in support of its contention that certain miscellaneous expenditure would fall outside the ken of the expression of 'plant and machinery'. He, therefore, concluded that Notification No. SO-857(E) dated 10.12.1997, applicable to consumable stores etc., cannot be extended to the case of the assessee in the absence of any proof. He, therefore, concluded that the assessee is not eligible for deduction under section 80IB of the Act. 4. Against the Orders passed by the Assessing Officer, the assessee preferred appeal before the CIT(A), contending inter alia, that the assessee-company is engaged in bulk drug manufacture and the unit had commenced commercial production on 15 th May, 2001 but it has got the provisional and permanent registration w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tled to the claim of deduction under section 80IB of the Act. 5. It deserves to be noticed that there was change of name and addresses of the unit from the period when it obtained provisional registration to the period when a permanent registration was granted despite the fact that the registration certificate, was issued with regard to the same factory location i.e., 216, Bonthapalli, Jinnaram Mandal, Medak District. 6. The learned CIT(A) observed that the addresses mentioned in both the certificates are different and the products listed for manufacture are also different; as could be noticed from the provisional certificate and the permanent registration certificate, the name of the original company was M/s. Global Medichem Park Pvt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act because this section is concerned with the fulfillment of two conditions i.e., assessee unit should be set-up and a provisional certificate or permanent certificate should have been obtained between 1995 to 2002 and it should have commenced production at any time beginning on 1 s t April, 1995 and ending on 31 st day of March, 2002. Ministry of Commerce has also clarified that a provisional registration certificate is obtained prior to 1999 even if the investment in plant and machinery is above Rs.1 crore but less than Rs.3 crores such SSI should also be considered as a SSI unit and consequently, the same would be entitled to the benefit of deduction under section 80IB of the Act. The learned Counsel for the assessee, strongly submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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