TMI Blog1985 (11) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of eatables of various varieties. The ITO disallowed the claim on the ground that the conditions laid down in s. 80J are not fulfilled. On appeal, the AAC upheld the same. Against the same the assessee has preferred this appeal. 2. The ld. counsel for the assessee urged that the manufacture of eatables of various varieties amounts to manufacture or production of an article or thing and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can only be taken as a trading activity and not manufacturing activity. Similar view was taken by the Karnataka High Court in the case reported as Koshy s (P) Ltd. vs. CIT (1985) 44 CTR (Kar) 175 : (1985) 154 ITR 53 (Kar). The ratio laid down therein squarely applies to the instant case. In my view the activity carried on by the assessee in preparing eatables in the restaurant is only a trading a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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