ACIT, CENTRAL CIRCLE-2(1), KOLKATA, KOLKATA vs. M/S AMRICON AGROVAT PVT. LTD., KOLKATA
In the result the appeal by the revenue is dismissed
ITA 2300/KOL/2016[2013-14]Status: DisposedITAT Kolkata01 Mar 2018AY 2013-14
Bench: Hon'Ble Sri N.V.Vasudevan, Jm & Hon'Ble Sri Waseem Ahmed, Am] Assessment Year : 2013-14 A.C.I.T., Central Circle-2(1) -Vs- M/S. Amricon Agrovat (P).Ltd., Kolkata Kolkata (Pan Aadca 1610 Q) (Appellant) (Respondent) For The Appellant: Shri.S.Dasgupta Addl.Cit Dr For The Respondent: Shri D.S.Damle, Fca Date Of Hearing : 15.2.2018 Date Of Pronouncement : 01.03.2018. Order Per Shri N.V.Vasudevan, Jm This Is An Appeal Filed By The Revenue Against Order Dated 27.9.2016 Of Cit(A)-20, Kolkata, Relating To Ay 2013-14. 2. The Grounds Of Appeal Raised By The Revenue In This Reads As Follows: “(I) That The Ld. Cit(A) Has Erred In Accepting That The Term 'Manufacture' Occurring In The Context Of Section 80-Ib Does Not Necessarily Require That The End Product Of The Manufacturing Process Is To Be Completely Different From The Ingredients, As Regards Its Chemical Composition, Integral Structure Or Its Use. (Ii) That The Ld. Cit(A) Has Erred In Accepting That The Process Of Manufacturing Of Poultry Feeds Does Not Amount To Mere Mixing Together Of All Different Ingredients, Without Involving Any Change In The Chemical Composition Of The Ingredients. (Iii) That The Ld. Cit(A) Has Erred In Accepting That The Process Of Preparation Of Poultry Feeds Amount To Production Of An Article Within The Meaning Of Section 80Ib. (Iv) That The Ld. Cit(A) Has Erred In Allowing The Entire Amount Of Rs.1,12,50,626/- Claimed As Deduction U/S 80-Ib.
For Appellant: Shri.S.Dasgupta Addl.CIT DRFor Respondent: Shri D.S.Damle, FCA
Section 14ASection 80Section 801B(4)Section 80I
80I and Sec 80IB are parameteria because conditions for part of deduction are same and therefore the said decision is equally applicable in the present case.
ITA No.2300/Kol/2016 M/s. Amricon Agrovat Pvt.Ltd. A.Y.2013-14
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17. Section 80IB is an incentive provision of the Income Tax
Act enacted, by the Legislature to promote economic and industrial growth in backward districts
