Mere fact that Assessee getting some works done on job basis from sister concern would not deprive the assessee of its entity to be an EOU manufacturing unit

CIT Versus Continental Engines Ltd. (Delhi HC) – There is no dispute that the assessee is an approved EOU unit approved by the NEPZ authorities and there is also no dispute that the assessee was having two units described as CEL-I and CEL-II and that the assessee was making exports.  Both the CIT(A) and the Tribunal have recorded as a matter of fact that the assessee was involved in manufacturing of an article or thing and that the mere fact that it was getting some works done on job basis from its sister concern would not deprive the assessee of its entity to be an EOU manufacturing unit. It is also recorded by both the authorities below and rightly so that the AO himself has recorded in respect of the assessee’s own case for the assessment year 2004-05 that CEL-II fulfilled the conditions under Section 10B and was allowed deductions there under. Even for the assessment year 2005-06, the appeal filed by the assessee has already been allowed by the CIT(A) holding the assessee to be entitled to claim deductions under Section 10B.

IN THE HIGH COURT OF DELHI AT NEW DELHI

 ITA No. 1324/2010

Reserved On: 28.04.2011

Date of Decision:  03.06.2011

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