TMI Blog1992 (12) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... aipur, 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 manufacturing and, therefore, it is entitled to investment allowance under section 32 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 Income-tax Officer was upheld. The matter was challenged before the Income-tax Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 manufacture or production of any article or thing then it will amount to manufacture and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich the raw material has and is understood as a different commercial commodity by the business community. In these circumstances, the Income-tax Appellate Tribunal was justified in coming to the conclusion that conversion of limestone by crushing into rodi or lime dust is a process of manufacture. In these circumstances, the reference is answered in favour of the assessee and against the Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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