TMI Blog1999 (3) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... We are concerned in these appeals with the assessment years 1985-86, 1987-88 and 1988-89. Two questions are before us but it is apparent that the question really to be answered is the first one. The questions read thus (see [1993] 204 ITR 550, 553) 1. Whether, on the facts and in the circumstances of the case, the Tribunal was not correct in holding that 'granite' is a 'mineral' within the meaning of the term found in section 80HHC(b)(ii), Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is not entitled to the allowance claimed under section 80HHC in respect of the granite exported from India ? The questions having been answer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat while granite alone can be considered as a mineral, any process applied to granite would deprive the quality of rough minerals from the dimensional blocks of granite, which was a value added marketable commodity ; therefore, the profits derived from the export of granite dimensional blocks would be eligible for deduction under section 80HHC of the Act. As we have already noted, there is nothing on record to indicate that what the assessee exports is such value added granite so that, even assuming that the said circular is explanatory and can, therefore, relate back to the year in question, the assessee cannot derive any assistance therefrom. It is necessary immediately to note that the Mines and Minerals (Regulation and Development) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ti v. State of Punjab [1997] 107 STC 561 ; [1997] 8 SCC 511 thus : Entries in the Schedules of sales tax and excise statutes list some articles separately and some articles are grouped together. When they are grouped together, each word in the entry draws colour from the other words therein. This is the principle of noscitur a sociis. It was submitted, based upon this doctrine, that the word minerals in section 80HHC should be read in the context of the word ores with which it was associated and must draw colour therefrom ; that is to say, it must read as referring only to such minerals as are extracted from ores and not others, thus excluding granite. We agree that the said doctrine is applicable. The word minerals in sub- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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