1992 (12) TMI 3

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....ivered by V. K. SINGHAL J.-The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, has referred the following question of law arising out of its order dated July 25, 1990, in respect of the assessment years 1977-78 and 1978-79: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the activity of the assessee is clearly in the nature of manu....

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.... An appeal was preferred before the Commissioner of Income-tax (Appeals), who also came to the conclusion that the industry is engaged in the business of extracting limestones and their sale either as such or after converting them into lime and lime dust or concrete by stone crusher and this does not amount to manufacture or production of any article or thing and, therefore, the order of the Inc....

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....espect of plant and machinery and in the present case the claim of the assessee was as a small-scale industrial undertaking which is engaged in the business of manufacture or production of any article or thing. Excavation of mineral is not a process of manufacture but if after excavation, the minerals so extracted are put in a crusher through plant or machinery which result in the business of manu....