The Commissioner Of Income Tax-24 v. M/S Silvassa Wooden Drums

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1850 OF 2013 WITH INCOME TAX APPEAL NO. 1856 OF 2013 The Commissioner of Income Tax-24 Vs. M/s Silvassa Wooden Drums ..Appellant ..Respondent .... Mr. Arvind Pinto, Advocate for Appellant in ITXA 1850/2013.Mr. A.K. Saxena, Advocate for Appellant in ITXA 1856/2013.Mr. Niraj Sheth a/w B.G. Walve, Advocates i/b Rajesh Shah & Co. ....CORAM : M.S. SANKLECHA & G.S. KULKARNI, JJ.DATED : 5 OCTOBER 2015 P.C.: These appeals by the appellant under Section 260A of theIncome Tax Act, 1961 (the 'Act') challenges the common orderdated 2 January 2013 passed by the Income Tax Appellate Tribunal(the 'Tribunal'). The common impugned order is in respect of theAssessment Years 2006-07 and 2007-08. 2.Mr. Arvind Pinto, the learned Counsel for the apellanturges following question of law for our consideration: “Whether on the facts and circumstances of thepresent case the process of galvanizing of H.R.strips/Coils/CR Coils amounts to manufacture/production of article/thing entitling the assessee todeduction u/s. 80IB?” 3.Mr. Arvind Pinto very fairly states that an identicalquestion had been raised by the revenue in respect of theAssessment Year 2004-05 arising from the same impugned orderdated 2 January 2013 before this Court being Income Tax AppealNo. 1364/2013 (CIT Vs. Silvassa Wooden Drums). On 7 April 2015,this Court dismissed the revenue's appeal No. 1364/2013. Mr. Pintofurther states that the above decision dated 7 April 2015 of thisCourt has been accepted by the revenue and is not being challengedby the revenue before the Apex Court. 4.In view of the above, the identical question as formulated in both the appeals does not give rise to any substantial question oflaw. This is so as the same is covered by the binding decision of thisS.S.DESHPANDE2 / 4 Court rendered on 7 April 2015 in the respondent-assessee's owncase (supra). 5.Accordingly, both the appeals are dismissed. No order asto costs. [G.S. KULKARNI, J] [M.S. SANKLECHA, J.] CERTIFICATE Certified to be true and correct copy of the original signed Order.