2009 (3) TMI 117

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....sessee was unable to show the bank realisation certificate for the export sales. In the appeal preferred by the assessee before the Commissioner of Income-tax (Appeals) on this issue, the Commissioner of Income-tax (Appeals) remanded the matter back to the Assessing Officer to verify the claim of the assessee and to allow deduction to the extent related to export sale proceeds received in convertible foreign exchange in India within time limit prescribed in sub-section (3) of section 10B of the Act. On the matter being remanded back to the Assessing Officer, the Assessing Officer by a revised order dated May 1, 2006, allowed the claim of the assessee under section 10B of the Act. 2. The Revenue aggrieved by the order of the Commissioner ....

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....relevant would be as set out in paragraph 5.1(a) which reads as under: "Whether, in view of the facts and circumstances of the case and in law, the cutting, polishing and sizing granites amounted to either manufacturing or processing and accordingly, the assessee was entitled for deduction under section 10B of the Income-tax Act ?" 5. The submission made on behalf of the Revenue was based on the view taken by the Rajasthan High Court in the case of CIT v. Lucky Mineral Pvt. Ltd. reported in [1997] 226 ITR 245 which considered the expression "manufacture" under section 80HH. The view taken by the Rajasthan High Court was approved by the Supreme Court in the case of Lucky Minmat Pvt. Ltd. v. CIT reported in [2000] 245 ITR 830. 6. The....

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....t to contend that they had also raised an issue that the assessee had not complied with the other predicates to avail of the benefit of section 10B. We do not find such an issue was raised before the Income-tax Appellate Tribunal. The question in appeal to this court must arise from the order of the Income-tax Appellate Tribunal. In these circumstances, in our opinion, the oral submissions sought to be advanced cannot be sustained. 9. On behalf of the assessee, the learned counsel had drawn our attention to the judgment of the Gujarat High Court in the case of Saurashtra Cement and Chemical Industries Ltd. v. CIT reported in [1980] 123 ITR 669 to contend that once the Revenue had allowed the relief for the previous assessment year, it wa....