Deputy Commissioner of Income Tax, Pune vs. M/S. Kala Genset Pvt.Ltd, Pune
In the result, the appeal of the Revenue is dismissed
ITA 346/PUN/2017[2011-12]Status: DisposedITAT Pune26 Aug 2019AY 2011-12
Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.346/Pun/2017 िनधा"रण वष" / Assessment Year : 2011-12 Dcit, Circle-9, .......अपीलाथ" / Appellant Pune. बनाम / V/S. M/S. Kala Genset Pvt. Ltd., 392/1, Vill- Mahalunge, Tal. Khed, Pune-410501. ……""यथ" / Respondent Pan : Aaack6784C Revenue By : Shri N. Ashok Babu Assessee By : Shri Nikhil Pathak सुनवाई क" तारीख / Date Of Hearing : 17.07.2019 घोषणा क" तारीख / Date Of Pronouncement : 26.08.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Revenue Against The Order Of Cit(A)-6, Pune Dated 31.10.2016 For The Assessment Year 2011-12. 2. The Grounds Raised By The Revenue Are As Under :- “1. “Whether On The Facts & Circumstances Of The Case, The Cit(A) Was Justified In Deleting The Excess Remuneration Paid To The Directors Of The Company?” 2. “Whether On The Facts & Circumstances Of The Case, The Hon'Ble Cit(A) Was Justified In Allowing The Assessee’S Claim Of Rs. 55,20,630/- Claimed As Deduction U/S 80Ib(5)(I) Of The I.T. Act, 1961, When The Assessee Is Not Involved In Manufacturing Or Producing Activity But Is Only Carrying Out The Activity Of Assembling At Its Silassa Unit?”
For Appellant: Shri Nikhil PathakFor Respondent: Shri N. Ashok Babu
Section 10ASection 40A(2)(b)Section 80I
…led to benefits intended for manufacturing concerns?” 5. “whether on the facts and circumstances of the case, the Hon'ble CIT(A) has erred in not applying the ratio of Hon'ble Calcutta High Court in the case of CIT vs Babcock & Wilcox of India Ltd reported in 241 ITR 583 wherein it has been held that the activity of erecting of boiler at site by assembling of parts cannot be equated with manufacture of an article or thing?” 6. “whether on the facts and circumstances of the case, the Hon'ble CIT(A) has erred in not applying the ratio of Hon’ble Supreme Court in the case of CIT vs N.C. Budhiraja & Co. reported in 2…
