1997 (2) TMI 18

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.... the instance of the Revenue, the Appellate Tribunal has referred the following question of law under section 256(1) of the Income-tax Act, 1961, for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Tribunal's view that the assessee is an industrial company engaged in the manufacture of goods within the meaning of section 2(7)(c) of the Finance Act, 1....

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....rticles in accordance with the specifications given by the assessee and the weavers were working under the direction of the assessee-company. He, therefore, came to the conclusion that there was a supervisory control or direction by the assessee over the weavers and so, the assessee should be regarded as an industrial company and eligible to lower rate of tax, which is applicable for an industrial....

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....e assessee was not engaged in the manufacture of goods and what the assessee did was merely dyeing the yarn and giving it to the weavers and, hence, the assessee cannot be considered to be engaged in the manufacture or processing of the goods. Mr. Janarthana Raja, learned counsel appearing for the assessee, on the other hand, brought to our notice the finding of the Tribunal where the Tribunal has....

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....should either manufacture or process the goods. The Tribunal, as a finding of fact, has clearly found that the assessee purchased yarn, dyed it and gave it to the weavers, and the weavers, under the supervisory control and direction of the assessee, wove the bed sheets and towels and as such, the activity of the assessee would amount to "processing" attracting the provision of section 2(7)(c) of t....