Itxa/152/2010 Of The Commissioner Of Income Tax - 4 v. M/S Leebo Metals P Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.152 OF 2010 The Commissioner of Income Tax-4 ..Appellant. V/s. M/s. Leebo Metals P. Ltd. ..Respondent. Mrs. Padma Divakjar for appellant. Mr.P.J. Pardiwala, senior Advocate with A.K.Jasani for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ.DATED : 11TH JANUARY, 2011 P.C. :- 1.Two questions are raised by the revenue in this appeal. The first question is, whether the activity carried out by the assessee in making non-ferrous wires from big gauge rods is an activity entitled to deduction under section 80IB of the Act. The Tribunal relied upon the decisions of various Courts and considering the expression 'manufacture' in Section 80IB which includes 'production' of any article, has come to the conclusion that the assessee is engaged in the production of an article and hence entitled to deduction under Section 80IB of the Act. No fault can be found with the reasoning given by the ITAT. 2.The second question raised by the revenue is that the assessee did not have requisite number of employees for grant of deduction under Section 80IB of the Act. The Tribunal, based on the material on record has recorded a finding of fact that the assessee has employed requisite number of employees. The decision of the Tribunal is based on the finding of fact and no question of law arises. Hence the appeal is dismissed with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)