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Issues involved:
The judgment addresses whether the assessee-company should be taxed at the rate of 55% for engaging in manufacturing and processing activities, and whether the order passed under section 263 of the Income tax Act should be set aside. Manufacturing and Processing Activities: The assessee claimed to be engaged in manufacturing and sought to be taxed at 55%. The Income-tax Officer allowed this claim under section 104(4) of the Act. However, the Commissioner of Income-tax contended that the activities involved only cutting tobacco leaves and selling them, not manufacturing. The Tribunal was tasked with determining if the activities constituted manufacturing or processing. Arguments were made citing various decisions to define "manufacturing process" and "processing" in the context of the case. The court examined the meaning of "processing" as per Webster's Dictionary and previous legal interpretations. It was concluded that the activities of the assessee, involving cutting tobacco leaves into small pieces and removing unwanted parts, did amount to processing based on legal precedents. The court referred to cases where similar operations were considered processing, such as crushing tobacco leaves. Ultimately, the court held in favor of the assessee, determining that the activities qualified as processing, leading to the decision to tax at 55%. Order under Section 263: The Tribunal's decision to set aside the Commissioner's order under section 263 was also under scrutiny. The court considered the arguments presented by both parties, referencing legal precedents and definitions of manufacturing and processing activities. After thorough examination, the court found in favor of the assessee, upholding the Tribunal's decision to set aside the Commissioner's order under section 263. The judgment concluded by disposing of the reference with no costs awarded.
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