1998 (2) TMI 72

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.... court was delivered by JANARTHANAM J.---The assessee-Tamil Nadu Heat Treatment and Fetting Services (P.) Ltd., Madras 10, it is said, is engaged in the business of receiving from its clients untreated crankshafts, forgings, castings, etc., and subjecting them to heat, in order to toughen them to the requisite standards to be sold in the market for the purpose of the same being utilised in auto....

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....d refer the following questions of law for the opinion of this court : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal had valid material to hold and is right in law in holding that the assessee is engaged in the manufacturing activity ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessee is e....

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....r the opinion of this court, it would be better, in the fitness of things and interests of one and all concerned, to straightaway answer those questions, as if those questions were referred to this court for its opinion, inasmuch as the factual matrix is sufficient and adequate enough, besides the same not being disputed. The pivotal point, underlying both the questions is as to whether the act....

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....he assessee is one of manufacturing activity. The rationale or reasoning projected therein will hold good here also and in that view of the matter, we are of the view that the assessee's activity cannot be any one, other than the one relatable to manufacturing activity entitling it to claim necessary deductions under the sanguine provisions adumbrated under sections 80HH and 80-I of the Income-tax....