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TMI Blog2017 (4) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... in allowing deduction/s.80IC of the Act in respect to third party manufacturing done by the assessee. 3. Brief facts of the case as noted by the Ld. CIT(A) is that the original appellate order u/s. 251 of the Act was passed by the Ld. CIT(A) vide order dated 26.10.2012 which was challenged by the assessee before the Tribunal and which was disposed of by order dated 09.07.2014 wherein the grounds raised by the assessee have been allowed. However, it was pointed out that ground nos. 1 and 2 raised in that appeal before the Tribunal wherein the assessee challenged the impugned action of the Ld. CIT(A) who did not allow third party manufacturing done by it u/s. 80IC of the Act was dismissed by the Tribunal taking note of the fact that the Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct wherein he has observed as under: "Upon requisition by the Assessing Officer, the assessee has furnished party wise details of sales and job work received during the year. It is seen from the details so filed that the assessee is manufacturing and selling the products on its own account and is also manufacturing the products as per specification of third party by using its own raw material, packing material etc. and is selling finished products to the third parties on charging VAT. Besides the assessee is manufacturing medical formulations on loan license basis for others who are providing raw material and packing material and is charging job work against such manufacturing." 5. The Ld. CIT(A) after taking note of the JCIT's order u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the impugned 154A proceedings from the AO vide report dated 16.05.2013 wherein the AO has confirmed the finding of the JCIT on this issue. Further, the Ld. CIT(A) has also taken note of the fact that in the subsequent assessment year i.e, AY 2010-11 the AO himself has given deduction to the assessee for third party manufacture in the assessment order passed u/s. 143(3) of the Act on 30.03.2013. Since the JCIT and AO have confirmed that the claim made by the assessee under the head 'third party manufacture' was indeed executed by the assessee as per the specification of third party, however the goods/products were manufactured by the assessee using its own raw material, packing material etc. and has sold the finished products to such third ..... X X X X Extracts X X X X X X X X Extracts X X X X
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