In Itxa/327/2006 Of The Commissioner Of Income Tax,City-4, Mumbai v. Sectron Synthetics Ltd, the High Court (2006) dismissed the appeal. The decision went in favour of the assessee.
Issue: Thequestion involved was, whether twisting and crimpingof the yarn are to be treated as manufacturingactivities.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 327 OF 2006
The Commissioner of Income Tax ... AppellantCity-4, Mumbai.
M/s. Setron Synthetics Ltd.... Respondent
None for the respondent.
P.C.
.Heard Mr. Bhatt in support of this appeal.The authorities below have given benefit of Section80HH and 80IA of the Income Tax Act to the respondent.The respondent is yarn manufacturing company. Thequestion involved was, whether twisting and crimpingof the yarn are to be treated as manufacturingactivities. The Tribunal has followed the C.B.D.T.circular dated 2nd November, 1985 holding that theseactivities are manufacturing activities. It is alsopointed out that, that circular has been approved bythis Court in Commissioner of Income Tax V/s.Bipinali Textiles Pvt. Ltd. reported in 189 ITR 61
in a Division Bench judgment. The Tribunal could nothave taken different view. There is no occasion torefer and re-agitate it in the appeal. The appeal isdismissed.
[H.L. GOKHALE, J.]
[V.R. KINGAONKAR, J.]
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