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2015 (5) TMI 822 - MADRAS HIGH COURT

2015 (5) TMI 822 - MADRAS HIGH COURT - [2015] 373 ITR 322 (Mad) - Eligibility of Deduction u/s 80IB - profits derived from industrial undertaking on job work contract - whether sub-section (13) of Section 80IA can be made applicable in respect of a claim made by the assessee in terms of Section 80IB? - Held that:- Assuming for a moment that certain clauses of Section 80IA was made applicable by virtue of sub-section(13) of Section 80IB, we find that the said provision is applicable only in respe .....

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Income Tax Act. Tribunal was right in holding that the deduction under Section 80IB on profits derived from industrial undertaking on job work contract is to be allowed - Decided against revenue. - Tax Case (Appeal) Nos. 1028 to 1030 of 2014 MP Nos. 1 & 1 of 2014 - Dated:- 11-3-2015 - R. Sudhakar And R. Karuppiah,JJ. For the Appellant : Mr T R Senthilkumar, Standing Counsel For the Respondent : None JUDGMENT (Delivered by R. Sudhakar, J.) The above Tax Case (Appeals) are filed by the Revenue as .....

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he assessee filed return of income for the respective assessment years claiming deduction under Section 80IB of the Income Tax Act on the works contract. The assessment was completed at the first instance and later it was reopened. Subsequently, after issuance of notice, the assessment was completed by the Assessing Officer denying the claim of deduction under Section 80IB and determined the total income by making additions. 3. Aggrieved by the said addition, the assessee preferred appeals befor .....

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R. After considering the facts of the case and the precedents, I am of the considered opinion that the claim of the appellant has to be allowed. The perusal of the evidences furnished by the appellant reveal that the appellant has obtained requisite power connection from Tamilnadu Electricity Board for the manufacturing activities. The High Tension load is awarded for manufacturing activities only. From the photographs produced and the flow charts furnished it is very clear that the finished pro .....

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he appellant's employees. The appellant has also furnished a flow chart of operating personnel with regard to its operations from which it is observed that all the staff including its supervisory staff are employees of the appellant. The Hon'ble jurisdictional High Court in the case of Taj Fire Works (supra) had clearly held that an assessee who is engaged on job work basis and who satisfies the test of manufacture by producing a new material which is different from the raw material is e .....

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n computing the total income. This ground of appeal is allowed." 4. Aggrieved by the said order of the Commissioner of Income Tax (Appeals), the Revenue filed appeals before the Tribunal, which dismissed the same confirming the order of the Commissioner of Income Tax (Appeals). 5. As against the order of the Tribunal, the Revenue pursued the matter before this Court by filing the above appeals. 6. Heard Mr.T.R.Senthil Kumar, learned Standing Counsel appearing for the Revenue and perused the .....

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to sub-section (13) of Section 80IA would operate in respect of such a claim. The Commissioner of Income Tax (Appeals) as well as the Tribunal accepted the plea of the assessee and came to the conclusion that sub-section (13) of Section 80IA, which is relatable to enterprises falling under sub-section (4) of Section 80IA, was not applicable in a case of claim under Section 80IB of the Income Tax Act. 9. Assuming for a moment that certain clauses of Section 80IA was made applicable by virtue of s .....

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ns in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc. 80-IA. (1) Where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprise from any business referred to in sub-section (4) (such business being hereinafter referred to as the eligible business), there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the .....

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