RAKESH KUMAR,PATNA vs. DCIT, CIRCLE-4, PATNA

ITA 86/PAT/2017Status: DisposedITAT Patna23 July 2024AY 2013-1418 pages
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What did the Tribunal hold?

The Tribunal held that assembling sophisticated electronic devices like X-ray and ultra-sound machines constitutes manufacturing. It relied on various High Court and Supreme Court judgments that consider assembly as a manufacturing activity, leading to a new product with a distinct name and use.

What were the facts?

The assessee claimed deduction under Section 80IC for manufacturing X-ray and ultra-sound machines. The Assessing Officer denied the deduction, citing insufficient plant and machinery, lack of manufacturing activity, and abnormal profit margins. The CIT(A) upheld the AO's decision.

What were the issues?

Whether the activity of assembling X-ray and ultra-sound machines qualifies as manufacturing for the purpose of claiming deduction under Section 80IC of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 80IC,Section 143(3),Section 250

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Cases cited in this judgment(13)Show list

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Income Tax Appellate Tribunal, PATNA BENCH

Before: Shri Sanjay Garg & Dr. Manish Borad

Hearing: 20.05.2024

Per Dr. Manish Borad, Accountant Member:

Both these appeals filed by the assessee pertaining to the Assessment Year (in short “AY”) 2012-13 & 2013-14 are directed against the separate orders passed u/s 250 of the Income Tax Act, 1961 in short the “Act”) by ld. Commissioner of Income-tax (Appeal)-2, Patna [in short Ld. “CIT(A)”] both dated 03.03.2017 arising out of the assessment orders framed u/s 143(3) of the Act by DCIT/ACIT, circle- 4, Patna dated 31.03.2015 and 06.03.2016. Since facts are mostly

I.T.A. No.85& 86/Pat/2017 A Ys: 2012-13 & 2013-14, Rakesh Kum

The order continues below.

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