Itxa/4272/2009 Of The Commissioner Of Income Tax -5 Mumbai v. Luky Star Jewellery Exports I Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4272 OF 2009 The Commissioner of Income Tax-5 ..Appellant. V/s. M/s. Lucky Star Jewellery Exports (I) Pvt. Ltd. ..Respondent. Mr. Suresh Kumar for appellant. Ms. A. Vissanji with S.J. Mehta for respondent. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 30TH NOVEMBER, 2010 P.C. :- 1.The question of law raised by the revenue in this appeal, reads as under:- " Whether on the facts and circumstances of the case, the ITAT was correct in holding the order of the CIT (A) and directing the assessing officer to allow assessee's claim under section 10A of the Act reducing 16.33% against 31.19% considered by the assessing officer originally ? " The exemption under section 10A of the Income Tax Act, 1961 was sought to be denied on the ground that the assessee has outsourced the manufacturing activity. The Tribunal has recorded a finding of fact that substantial part of the manufacturing activity was in fact carried on by the assessee company and only some portion of the manufacturing activity was out sourced. In our opinion, the decision of the Tribunal is based on finding of fact and no question of law arise. The appeal is dismissed with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)