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Issues:
1. Interpretation of deduction under section 80HHC for export of granite blocks. 2. Application of legal principles from previous judgments in similar cases. 3. Consideration of whether granite is classified as a mineral for tax exemption purposes. Analysis: 1. The primary issue in this case was the interpretation of the deduction under section 80HHC for the export of granite blocks. The Assessing Officer initially denied the deduction, stating that the granite blocks were exported without being cut and polished as required by the Income-tax Act. However, the Income-tax Appellate Tribunal noted that the assessee had incurred expenses on cutting and polishing the granite blocks, leading to the conclusion that the exported blocks were indeed cut and polished to some extent. Relying on a previous order in a similar case, the Tribunal held that the assessee was entitled to the deduction under section 80HHC, reversing the decisions of the lower authorities. 2. The Tribunal's decision in the case of God Granites was considered by a Division Bench of the High Court in a separate matter. The court observed that a Supreme Court judgment had clarified the application of section 80HHC to minerals and ores, including granite. The Supreme Court had determined that granite was indeed a mineral, affecting the eligibility for exemption under the section. However, in the present case, the Tribunal's positive finding that the assessee had engaged in cutting, dressing, and some polishing of the granite blocks distinguished it from the scenario in the Supreme Court case, where no value addition was established. Therefore, the legal principles from the Supreme Court judgment did not impact the arguments in the present case. 3. The issue of whether granite qualifies as a mineral for tax exemption purposes was crucial in this case. The Supreme Court had previously ruled that granite falls under the category of minerals, affecting the application of section 80HHC. However, the specific circumstances of the present case, where the exported granite blocks underwent value addition through cutting and polishing, distinguished it from the scenario considered by the Supreme Court. As a result, the High Court upheld the Tribunal's decision to allow the deduction under section 80HHC for the export of granite blocks, emphasizing the value-added nature of the exported items. In conclusion, the High Court upheld the Tribunal's decision to allow the deduction under section 80HHC for the export of granite blocks, based on the value addition through cutting and polishing, distinguishing the case from previous judgments on the classification of granite as a mineral for tax exemption purposes.
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