CIT v. Usha Infrasystems (2023)456 ITR 163 /146 taxmann.com 473 (HP)(HC)

S. 80IC : Special category States-Manufacture-Production–Most of manufacture carried out outside specified area-Not entitled to deduction.

Court held that most of  manufacture carried out outside specified area hence not entitled to deduction.  The Court also observed that  the purpose of incorporation of section 80-IC manifestly was to invite long-term investment and entrepreneurship in areas which were industrially backward. The incentive of the deduction of the income generated from such enterprise for the limited years cannot be used to negate the very purpose of the inclusion of section 80-IC. This facility cannot be allowed to be used to camouflage the production by making only small investment in the areas specified in section 80-IC. The term “manufacture” or “produce” used in section 80-IC has to be construed in the true context of the object and purpose of the said provision. Referred the notification of CBDT (2003) 264 ITR (St.) 145). (AY.2005-06, 2007-08)