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2015 (8) TMI 664 - BOMBAY HIGH COURT

2015 (8) TMI 664 - BOMBAY HIGH COURT - TMI - Reopening of assessment - change of opinion - Entitlement to benefit of Section 80IC denied - Held that:- In cases where there is a prima facie satisfaction of jurisdiction to issue reopening notice, the Petitioner can agitate the issue before the authorities under the Act. In the present facts it was in December 2013 that on survey it was found that the activity of the Petitioner was held to be not manufacture under the Central Excise Tariff Act, 198 .....

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re factual examination. However, at this stage one must also not lose sight of the fact that the charge under Section 3 of the Central Excise Act, 1944 is on goods produced or manufactured in India. So far as the issue of Schedule XIII to the Act is concerned, the issue whether it is to be read cumulatively or independently is at this stage best left to the authorities under the Act to interpret. Thus, we see no reason to admit this petition. - Decided against revenue. - Writ Petition No. 1280 o .....

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ent for A.Y.2009-2010 and 2010-2011. 2. It is an admitted position between the parties that save the assessment years, the facts which arise for consideration are common in both the petitions. 3. The Petitioner is engaged in manufacture of fabric whiteners (said product) at its plant in Uttaranchal. For the Assessment year 2009-2010 and 2010-2011 the Petitioner claimed the benefit of Section 80IC of the Act, in respect of the said product. The same was accepted by the Assessing officer in his or .....

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ure or produce any article or thing; and b) The unit manufactures an article or thing specified in the 13th Schedule to the Act. The tangible material was obtained during survey proceedings in December 2013 when the statement of Petitioner's Managing Director was recorded and the order of Customs Excise and Gold Appellate Tribunal (CEGAT) was found / discovered. The order of CEGAT in the Petitioner's case passed in 1993 held that the activity of making the said product is not excisable a .....

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uring the assessment proceedings the issue of deduction under Section 80IC of the Act was considered. In any case it was submitted that the conditions of Section 80IC of the Act was satisfied as the making of the said product did amount to production and the 13th Schedule to the Act will not apply in the said product. 6. The Assessing officer by his order dated 10 February 2015 passed an order rejecting the Petitioner's objections to the reopening notice. 7. Mr.Jehangir Mistri, learned Senio .....

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ing in Schedule XIII to the Act is concerned the said product does not fall under the subclassification listed out under the NIC classification. It is submitted that to deny the benefit of Section 80IC of the Act in view of Schedule XIII to the Act all the requirements therein must be cumulatively satisfied. In view of the above it is submitted that there is no basis for reasonable belief that income chargeable to tax has escaped assessment. It is also submitted that order on objection does not .....

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