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2009 (12) TMI 566 - HC - Income TaxOperation of mining and crushing - stone crusher - Manufacturing activity within the meaning of Section 80 IB of the Income Tax Act - Held that: - As far as conversion of boulders into grit is concerned, a Division Bench of this Court in the case M/s.Panth Stone Crusher has already held that this process amounts to manufacture though in the context of the Sales Tax Act. However, there is no definition of 'manufacture' in the Sales Tax Act and the Division Bench decided this matter under general law which would be applicable to the present case also. It would also be pertinent to mention here that in Lucky Minmat case (2000 -TMI - 5818 - SUPREME Court), the Apex Court has clearly held that conversion of concrete by stone crushers could legitimately be considered to be a manufacturing process. The observation of the Supreme Court cannot be termed to be 'obiter dicta' since the Supreme Court has held that the process of concrete by stone crushers is a manufacturing process.
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