CIT Vs. JOLLY POLYMERS

JUDGEMENT

(1.) ISSUES are identical in all the appeals. Facts may be noted from Tax Appeal No.1387/2010.

(2.) THIS appeal is filed by the Revenue calling in question the judgement of the Tribunal dated 23.12.2009. By the said judgement, the Tribunal allowed the respondent assessee's appeal and reversed the order passed by the Assessing Officer as confirmed by the CIT(Appeals).

(3.) ASSESSING Officer however, disallowed the claim. He was of the opinion that such grant of license on 3.5.2005 would show that production started only from that date. He noted that without such license, the assessee could not have commenced the manufacturing activity. He therefore, concluded that assessee failed to prove that manufacturing process had stated before 31.3.2004. On these grounds, deduction claimed by the assessee was disallowed.