2011 (7) TMI 40

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....p; Mr. Rajendra Dobhal, Sr. Advocate, assisted by Mr. A.K. Joshi, Advocate, for the respondent.   JUDGMENT   BARIN GHOSH, C.J. (ORAL)   The case of the assessee, for the assessment year concerned, was concluded by an assessment order after issuing notices under Section 143(2)/142(1) of the Income Tax Act, 1961. The assessee is engaged in mining activity, in course whereo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Act, denote manufacture and that every change is not manufacture. It was held that change of boulder into grits/stone chips/powder is not manufacture of grits/stone chips/powder. The Assessing Officer, therefore, refused to give benefit of Section 80-IB of the Act to the assessee.   2. The appellate authority did not accept the view of the Assessing Officer. It held that since the activit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng it simultaneously, cannot be used as boulders.   3. Aggrieved by the decision of the Tribunal, the Revenue is before us in the appeal. In the appeal, the question is whether in the facts and circumstances of the case, the assessee was engaged in manufacturing and processing of articles or things, so as to be entitled to deduction under Section 80IB of the Act?   4. The judgment ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... namely, whether the applicable words are restricted only to manufacture, or extends also to production.   5. While rendering the said judgment, Hon'ble Supreme Court also took note of its earlier judgment, rendered in the case of Commissioner of Income Tax v. N.C. Budharaja & Co., 204 ITR 412 (SC), where it was held that the word "production", when used in juxtaposition with the word "man....