TMI Blog1978 (3) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... chedule to the Income-tax Act, 1961, the Tribunal was right in holding that the expression 'aluminium' occurring in entry (2) of the Sixth Schedule to the said Act denotes merely the aluminium metal and not aluminium articles? (2) Whether, on the facts and in the circumstances of the case and on a proper interpretation of section 80B(1) read with entry (2) of the Sixth Schedule to the Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vision Bench of the Kerala High Court was concerned with re-rolling of steel into mild steel rods and steel sections. The question was whether the same was the manufacture or production of " iron and steel (metal) ". The said question was again considered by the Fall Bench of the Kerala High Court in the case of CIT v. West India Steel Co. Ltd. [1977] 108 ITR 601, where the Full Bench was concerne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt was influenced by the fact that other finished products of iron and steel had been specifically mentioned in the various items of the Sixth Schedule of the I.T. Act, 1961. Counsel urged that in the case of aluminium there is no separate item dealing with aluminium products and, therefore, aluminium utensils produced out of the metal aluminium will be considered to be aluminium (metal) as conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ef. He drew our attention to the decision of the Supreme Court in the case of CIT v. Kula Valley Transport Co. P. Ltd. reported in [1970] 77 ITR 518 at p. 530. This argument also it appears was advanced before this court in the case of Indian Steel and Wire Products Ltd. v. CIT and was rejected as it was found that there was no ambiguity. Applying the ratio of the said decisions of this court, q ..... X X X X Extracts X X X X X X X X Extracts X X X X
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