DCIT Cen Cir 40, Mumbai vs. Saf Yeast Co. P. Ltd, Mumbai
In the result, the appeals of Revenue are dismissed and the appeals of assessee are partly allowed
ITA 1780/MUM/2014[2008-09]Status: DisposedITAT Mumbai24 Nov 2017AY 2008-09
Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am
For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I
…e AO as under: - (a) There is no need or statutory obligation to have a different name for the power generation undertaking. The address has to be the same as it is situated in the same premises as the yeast producing factory. (b) In IAC vs Dalmiya Cement 37 ITD 335, the Tribunal held that the manufacture of clinkers by a new plant which is used as raw material for production of cement was a separate industrial unit although both cement and clinker units were located at same place. (c) As long as unit and activity is independent and identifiable it can be treated as separate industrial unit. CIT(A) relied o…