2012-VIL-36-SC-DT

Equivalent Citation: [2012] 348 ITR 385 (SC)

Supreme Court of India

CIVIL APPEAL NO.1466 OF 2008

Date: 05.09.2012

M/s . ARISUDANA SPINNING MILLS LTD.

Vs

COMMISSIONER OF INCOME TAX, LUDHIANA

BENCH

S.H. KAPADIA, MADAN B. LOKUR, JJ.

JUDGMENT

5. In our view, the findings given by ITAT and the High Court are findings of fact. In this case, we are not concerned with the interpretation of Section 80IA of the Act. On facts, we find that the assessee ought to have maintained a separate account in respect of raw material which it had sold during the assessment year. If the assessee had maintained a separate account, then, in that event, a clear picture would have emerged which would have indicated the income accrued from the manufacturing activity and the income accrued on the sale of raw material. We do not know the reason why separate accounts were not maintained for the raw material sold and for the income derived from manufacture of yarn.

6. For the above reasons, these civil appeals filed by the assessee are dismissed with no order as to costs.  

 

 

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