Bombay HC dismisses
Revenue’s appeal against ITAT’s order allowing Sec. 10B benefit to
assessee-firm (a 100% EOU), engaged in manufacturing of diamond studded gold
jewellery, rules that absence of plant and machinery would not lead to a
conclusion that there was no ‘manufacturing’ activity; During subject AY
2010-11, AO had denied deduction on the ground that no manufacturing
activity was carried out by assessee as there was no machinery available at its
premises, as also a small amount of labour charges were incurred as against the
large turnover; HC notes that as per ITAT’s findings, the Government had
granted permission to assessee to manufacture handmade jewellery, and that the
process of making diamond studded jewellery does not require machinery; Also on
the quantum of labour charges and wages being the basis of disallowance, HC
refers to ITAT’s finding that the Revenue had not carried out any examination /
enquiry to ascertain what would be the fair market value of the labour charges
and wages in this sort of activity; Thus, HC holds that view taken by the
Tribunal is one of finding of fact and is a possible view, which does not give
rise to any substantial question of law.:HC
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