1998 (7) TMI 28

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....tax Act, 1961, at the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal had rightly held that the assessee is an 'industrial company' and is, therefore, entitled to relief under section 80J(1) of the Income-tax Act, 1961?" ....

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....assessee and held that the assessee was entitled to deduction under section 80J(1) of the Act. The Tribunal observed that though there may be no manufacture of an article, the end product, i.e., the powder is different from the original product. The Tribunal, therefore, reversed the order of the Income-tax Officer and allowed the appeal of the assessee. Hence, this reference at the instance of the....

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.... question before this court was whether the process of crushing boulders to obtain stones of smaller sizes termed as "gitti" can be regarded as a process of manufacture. This court answered the question in the negative and held that the process of crushing boulders to obtain stones of smaller sizes cannot be regarded as a process of manufacture. Our attention was also drawn by learned counsel to t....