Case Law Details

Case Name : CIT Vs M/s. Faith Biotech Pvt. Ltd. (Delhi High Court)
Appeal Number : Income Tax Appeal Nos. 509/2014, 510/2014 & 515/2014
Date of Judgement/Order : 12/09/2014
Related Assessment Year :
Courts : All High Courts (3742) Delhi High Court (1182)

The respondent-assessee was engaged in the business of manufacture of health care and surgical items and in the returns filed for Assessment Years 2006-07, 2008-09 and 2009-10 had declared taxable income of Rs.26,25,230/-, Rs.94,90,363/- and Rs.32,18,350/- respectively. The deduction claimed under Section 80-IC of the Act was to the tune of Rs.42,90,162/-, Rs.35,69,594/- and Rs.2,46,13,965/- respectively. The respondent-assessee had set up a manufacturing unit for  manufacture of air purifier or air purification systems. The Assessing Officer held that the aforesaid activities would not qualify as „manufacturing activity‟as the respondent-assessee was a mere assembler and did not have requisite tools or machinery.

The finding of the appellate authorities, including the Tribunal is that the product produced and sold by the respondent-assessee was air purification system. For manufacturing the said product, the assessee had purchased parts like base motors, filters, UV lights etc. but the final product produced was entirely different from its constituents or parts. The product manufactured or produced, i.e. the air purifier or air purification system, was completely a new and an entirely different commodity having distinct name, character and use. The respondent-assessee had even filed photographs before the Assessing Officer to support his contentions on the manufacturing activities undertaken. The respondent-assessee had filed a flow chart of the manufacturing process. The manufacturing unit stood registered with District Industries Centre, Roorkee, Pollution Control Department, Commercial Tax Department, Uttaranchal, etc.

The Assessing Officer did not dispute or question the purchases of the parts used for manufacturing as well as the sale consideration received by the respondent-assessee from sale of the air purifiers but did doubt the purchases of the tools and implements required to undertake the manufacturing activities. It is not the case of the Revenue that the air purifiers were not actually manufactured or sold to third parties and there was bogus purchase of parts or transactions for sale of the manufactured The stand of the respondent-assessee was that they had used simple tools and testing equipments like frequency tester, multi meter, VV intensity meter, wires, CFM flow meter, ozone intensity monitor, nuts and bolts, hand drill, screw driver set, plier cutting set, etc. to carry out assembling and manufacturing of the air purifiers.

In view of the aforesaid factual findings, the appeal of revenue is dismissed.

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Category : Income Tax (25322)
Type : Judiciary (10098)
Tags : high court judgments (4048)

0 responses to “S. 80IC Assembling of Tools & Machinery for final product is equal to manufacturing process”

  1. g.balakrishnan says:

    Right,
    AO does not seem to believe even in raw materials which need to be processed by some machinery or other;

    whole life systems work on on trust.

    if we cannot trust no litigation can ever be completed handing fire always, is simple analogy.

    it is like none would have to accept judgements at all, that way resjuducata doctrine surfaced.

    I believe income tax Act also accept res judicata by inserting such section like sec 11 of CPC 1908 to give some meaningfulness in taxation, after all tax laws intention is that taxation is not expected tax a men ever n ever! i tend to believe!

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