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1 - 10 of 38 (0.28 seconds)Section 80IA in The Income Tax Act, 1961 [Entire Act]
Section 80HH in The Income Tax Act, 1961 [Entire Act]
C.I.T vs N.C.Budharaja And Co on 7 September, 1993
The Hon'ble Bombay High Court in Ship Scrap Traders vs. CIT (251
ITR 806) applied the yardsticks adopted by Hon'ble Apex Court in the
case of CIT vs. N.C. Buddhiraja & Co. (204 ITR 412) clearly held that
the assessee is entitled to deduction u/s 80HH & 80I.
M/S. India Cine Agencies vs Commnr. Of Income Tax, Madras on 12 November, 2008
4. On consideration of submissions put forth by the parties
before us, we find that the only issue involved in the present
appeal is whether making of dal from chana, toor and masur is a
manufacturing activity or not? The stand of the Revenue is that no
new item, article or thing is coming into existence, therefore, no
manufacturing is involved whereas the claim of the assessee is
that it is a specialized process with the aid of machinery and the
end product is commercially new and distinct product. We find
that the Tribunal in the aforesaid order has already discussed the
issue in detail after deliberating upon various decisions cited by
both sides including the offquoted decision from Hon'ble Apex
Court in the case of India Cine Agencies vs. CIT (2008) 175
Taxman 361 (SC) and Computer Graphics Ltd. vs. ACIT (2009)
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308 ITR 96 (Mad) wherein even conversion of jumbo rolls into
saleable rolles/smaller rolls was held to be manufacturing. The
process of claimed manufacturing has also been discussed in the
impugned order like, mixing and weighing, grading and sorting,
watering and oiling, drying, dehusking, splitting and sorting &
polishing etc. and thereafter weighing and packaging. If the
totality of facts are analysed, we find that the end product is
altogether commercially different item from the raw material.
Section 80IB in The Income Tax Act, 1961 [Entire Act]
Commr.Of Income Tax-V,New Delhi vs M/S Oracle Software India Ltd on 13 January, 2010
In another case
the Hon'ble Apex Court in CIT v. Oracle Software India Limited
(2010) 320 ITR 546 held that duplication of blank CD with master
media amounts to manufacture, therefore, the deduction u/s 80IA of
the Act is available to the assessee.
Commissioner Of Income-Tax vs Relish Foods on 16 March, 1989
Likewise, in the case
of CIT v. Relish Food with respect to deduction u/s 80HH, the
assessee was engaged in peeling and freezing of shrimps. Since
there was no essential difference between raw shrimps and frozen
shrimps it was held that the assessee was not entitled to special
deduction. In the case of Aqua Minerals Private Limited for the
production of demineralised water it was held that there is no
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manufacturing within the meaning of section 80I. Likewise in the
DXN Herbal Mfg. (India) (P) Limited, filing of mushroom power in
gelatin capsules to make it fit for marketing it was held that it is
merely a process which does not amount to manufacture or
production of any commercially distinct commodity so as to fulfill
conditions stipulated u/s 80IB of the Act.
Commissioner Of Income-Tax vs Mysore Minerals Ltd. on 17 August, 2000
The decision in CIT v. Best Chem & Lime Stone Industries Private
Limited; 210 ITR 883 (Raj) and CIT v. Mysore Minerals Limited; 250
ITR 725 (Karn) along with others were considered.
Tata Consultancy Services vs State Of Andhra Pradesh on 5 November, 2004
While coming to this conclusion,
the Hon'ble Apex Court relied upon the decision in Tata Consultancy
Services Vs. State; 271 ITR 401, United States vs. International
Paints Company (35 CCPS 87, CAD 76) and Gramophone Company
of India Limited v. Collector of Custom; 114 ELT 770 (SC) and
affirmed the decision of the Hon'ble Delhi High Court in 293 ITR 353.