Central-Ii, Mumbai v. M/S. Nisssan Copper Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5601 OF 2010 The Commissioner of Income Tax, Central-II, Mumbai...Appellant. Vs. M/s. Nisssan Copper Pvt. Ltd., ..Respondent. .... Mr. Vimal Gupta, for the Appellant. .... CORAM : J. P. DEVADHAR & A.R. JOSHI, JJ. P.C. th JANUARY, 2012. DATED : 12 1.Whether the ITAT was justified in allowing the claim of assessee that deduction under Section 80IB of the Income Tax Act, 1961 even though the assessee had not fulfilled the condition of commencement of manufacturing during the period beginning on 1.4.1993 and ending on 31.3.2004, is the question raised in this Appeal. 2.The Tribunal in para-10 of its order has recorded a finding that there is evidence to show that the assessee had commenced production or manufacturing of copper items during the year ended on 31.3.2004 and thus has fulfilled the basic condition prescribed under Section 80IB(4) of the Act. 3.In our opinion, the decision of the ITAT is based on the finding of fact. No question of law arises. Accordingly, the Appeal is dismissed with no order as to costs. (A. R. JOSHI, J.) (J. P. DEVADHAR,J.)