The Commissioner Of Income Tax-2 v. M/S.sanghvi Woods Pvt.ltd

ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1453 OF 2010 The Commissioner of Income Tax-2 .. Appellant Vs. M/s.Sanghvi Woods Pvt.Ltd. .. Respondent. Mr.Vimal Gupta for the appellant Mr.S.E.Dastur, Sr.Advocate, Mr.P.J.Pardiwala, Sr.Advocate, Mr.Madhur Agarwal and Mr.Atul K. Jasani for the respondent CORAM: J.P. DEVADHAR & K.K. TATED, JJ.DATE: 5TH OCTOBER, 2011. P.C. 1.Whether the ITAT was justified in holding that the Assessee is engaged in the manufacture of pencil slats by relying upon the judgment of this court in the case of Patel Stationers Pvt.Ltd. and Kirti Stationers Pvt.Ltd. is the question raised in this appeal. 2. Although the ITAT has relied upon the judgment of the sister concern of the Assessee, in the present case, an affidavit has been filed by the Director of the respondent Assessee to demonstrate that the production of the articles in question constitute manufacture under the Central Excise Act and accordingly, the assessee has obtained necessary Excise Certificate for of the Assessee, in the present case, an affidavit has been filed by the Director of the respondent Assessee to demonstrate that the production of the articles in question constitute manufacture under the Central Excise Act and accordingly, the assessee has obtained necessary Excise Certificate for the manufacture of pencil slats from the excise authorities and also from the Joint Director of Industries (Jammu). In this view of the matter, no fault can be found with the decision of the ITAT that the products in question are manufactured items and that the assessee is entitled to the deduction claimed. Accordingly, appeal is dismissed. (K.K. TATED, J.) (J.P. DEVADHAR, J.)