The Commissioner Of Income Tax-2 v. M/S.apsara Plastics Pvt. Ltd

KJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2733 OF 2009 The Commissioner of Income Tax-2 )..AppellantVs.M/s.Apsara Plastics Pvt. Ltd., )..Respondents )..Respondents ---- Mr. Vimal Gupta for the appellant. Mr. S.E.Dastur Senior Counsel @ Mr.P.J.Pardiwala Sr.Counsel and Mr.A.K.Jasani for the respondents. ---- CORAM : J. P .DEVADHAR & MRS.MRIDULA BHATKAR,JJ DATE : 21/2/2011. PC 1The question raised in this appeal is as under :- “Whether the Tribunal was justified in holding that sharpener body, geometrical instruments and cutter body produced by the assessee were manufactured products so as to avail benefit of Section 80 IA of the Income Tax Act”? 2Perusal of the impugned order shows that the Tribunal has recorded a finding of fact that the items produced by the assessee are distinct marketable products and hence they are manufactured products. Assessee has also filed an affidavit before us to show that the raw material used as well as the final products are classified under different headings in the Central Excise Tariff. 3In this view of the matter, we see no reason to interfere with the order passed by the Tribunal. Appeal is dismissed. (MRS.MRIDULA BHATKAR,J) (J.P.DEVADHAR,J)