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october 2008

Supreme Court of India · 2008-10-01

Vijay Ship Breaking Corpn. & Ors vs Commnr. Of Income Tax, Ahmedabad

Citation / case number
AIRONLINE 2008 SC 356
Court
Supreme Court of India
Petitioner
Vijay Ship Breaking Corpn. & Ors
Respondent
Commnr. Of Income Tax, Ahmedabad
Bench
B. Sudershan Reddy, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the appellant-assessee is entitled to deductions under Sections 80-HH and 80-I of the Income Tax Act, 1961 for ship breaking activities, clarifying that 'production' encompasses the creation of new articles from existing materials. The Court disagreed with the Gujarat High Court's interpretation that ship breaking does not result in new goods, emphasizing that the term 'production' is broader than 'manufacture'. The judgment reversed the lower court's decision, allowing the deductions sought by the assessee.

Vijay Ship Breaking Corpn. & Ors vs Commnr. Of Income Tax, Ahmedabad · Niyam