(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) While admitting the appeal on 18.9.2000, following question of law was raised :
"Whether, the appellant was manufacturing an article or thing and therefore was entitled to Section 80IA relief?"
Assessee claims benefit of deduction under section 80IA of the Income Tax Act on the premise that it is engaged in manufacturing of laminated HDPE bags. Such claim was declined by the Assessing Officer as well as CIT(Appeals). The Tribunal also confirmed the view of Revenue Authority upon which this appeal has been filed.
By our reasoned order passed in Tax Appeal No.96/2000, in case of this very assessee, on identical grounds we have answered the similar question in favour of the assessee and allowed the assessee's appeal.
In the result without giving separate reasons, adopting the reasons recorded in our judgement disposing of Tax Appeal No.96/2000, this appeal is also allowed. The impugned judgements are set aside. Question is answered in favour of the assessee and against the Revenue. The appeal is disposed of accordingly.
(Akil Kureshi,J.) (Harsha Devani,J.) (raghu) Top