Issue before court:
Whether assessee’s engagement in activities of collection, collation, formatting of data, editing, digital designing etc. can be termed at manufacturing to avail the benefits of section 10B of the Income-tax Act.
Brief facts:
♠ Assessee claimed to be software exporter to The Netherland engaged in the manufacturing of e-book software namely 100 Wonders of India and hence claimed exemption under section 10 amounting to Rs. 39,32,594/-.
♠ AO being unsatisfied denied exemption and disallowed the amount claimed by assessee u/s 10 B.
♠ The process deployed by the assessee was neither “manufacture” nor did it amount to creation of software. Assessee was unable to prove that computer software was produced or manufactured by her.
♠ That the mere compilation of data without anything more, could not be said to have resulted in a customized or “legal database”. The database had to be such as was capable of use by the customer or client, as software. Else, activity of any description even if it could not be characterised as “manufacture” or “production” would successfully claim benefit under Section 10B.
♠ Learned counsel relied on the judgment of the Supreme Court reported as Commissioner of Income Tax v Gem India Manufacturing Co Ltd 2001 (249) ITR 307 (SC). It was inter alia, held in that judgment that:
“There can be little difficulty in holding that the raw and uncut diamond is subjected to a process of cutting and polishing which yields the polished diamond, but that is not to say that the polished diamond is a new article or thing which is the result of manufacture or production. There is no material on the record upon which such a conclusion can be reached.”
♠ It was submitted that preparation of data for its ready printing use could not amount to manufacture of software, entitling the assessee to claim benefit of Section 10B. Reliance was placed on CBDT Circular S.O. 890 (E) dated 26.09.2000.
Contention of the assessee:
