2010 (2) TMI 1216

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....hri T.K. Sharma, Judicial Member : This appeal filed by the assessee is against the order dated 29.11.2006 of Learned Commissioner of Income Tax(Appeals), Valsad in confirming the action of Assessing Officer treating the activities of the assessee as a non-manufacturing activity for the purpose of granting deduction under section 80IB of the Income Tax Act, 1961 for the assessment year 2003-04.....

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....ting wherein minute uneven surfaces are cut off using water and abrasives by employing a polishing machine. Likewise, cutting off the edges of tiles using a circular saw is also a cutting activity. Thus basically, the activity performed by the assessee on rough stone slab is cutting. Whether it be a cutting activity performed by a scissor or with the help of a hammer and chisel or with polishing m....

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....edges and slurry created during polishing. He also contended that the purpose of the above activity of the assessee is to make polished marble slabs and not to make pieces of stones or slurry. In support of this, he relied on the latest judgment of the Hon'ble Supreme Court in the case of ITO -vs.- Arihant Tiles and Marbles P. Ltd. reported in (2010) 320 ITR 79 (SC), wherein almost on identica....

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....e calculation. 5. We have carefully gone through the orders of authorities below. The various activities carried out by the assessee are almost identical which are carried out by the decision of Hon'ble Supreme Court in the case of Arihant Tiles and Marbles P. Ltd. (supra). We are, therefore, of the view that the assessee is an Industrial Undertaking engaged in the business of manufacture a....