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Saturday 25 July 2015

Issues relating to Job worker of dyeing of fabric resolved in : A.P. PROCESSORS vs.ASSISTANT COMMISSIONER OF INCOME TAX Jul 17, 2015 (2015) 44 CCH 0384 DelTrib

1. Job Worker not maintaining the record of receipt and dispatch of the goods because of the fact that the ownership of the fabric received for processing is not of the assessee, nor the shortage due to shrinkage, etc. of the fabrics belong to the assessee. Rejection of books of accounts quashed
2. Following shrinkage in dyeing  accepted
Cambric – shrinkage – 5% and further – 2% to – 5%. If it is further required residual shrinkage as zero.

Crapes – 10% and further – 2% if it required line dry (dry in air).

Other than the above shrinkage, there is another loss of fabric by 2% on account of grey and dyed fabs.

3. Fire Insurance claim received by Job Worker can not be treated as income of the Job worker not mainstaining stock records, where he produced all the relevant documents relating to insurance claim before the AO during the assessment proceedings along with FIR lodged before the Police; and report of Verifier (Valuation and Loss Assessor).

4. Hon’ble Supreme Court decision in Empire Industries Ltd. Vs. Union of India (3 Judges Bench) reported as 162 ITR 846 held that textile dyeing and printing amounts to manufacturing. Hence Additional depreciation of 20% u/s 32(1)(iia) is available to Job Worker engaged in dyeing of fabric

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