Asst. Commissioner Of Income-Tax vs Ms. Richa Chadha on 5 April, 2005
Thus, worker includes a person, who is not only in manufacturing process but also in cleaning any part of the machinery or premises used for manufacturing or in any kind of work incidental to or connected with manufacturing process. Further, it is not necessary that ten or more workers should be employed through out the year. What is necessary is that there should be substantial compliance of the provisions of Section 80IA (2)(v). If for most of the period for which manufacturing process continued, the assessee has employed more than ten workers, may be in the main manufacturing process and / or in subsidiary process relating thereto, then, it is a substantial compliance of the provisions. This view is supported by ITAT, Cochin in Kanan Latex Industries (P) Ltd. v. ITO in ITA No. 465/Cochin/84 reported in 29 TTJ 507.