2010 (7) TMI 321 - HC - Income Tax

Conversion of stone boulders into smaller stone pieces - known as gitti by a process of stone crushing amounts to manufacture within the meaning of Section 80 IB (4) of the Income-tax Act - Held that - conversion into lime and lime dust or concrete by stone crushers could legitimately be considered to be a manufacturing process while the mere mining of limestone and marble and cutting the same before it was sold in the market could not be so considered - no substantial questions of law - Appeal is dismissed

Summary

Issues:
1. Whether the judgment passed by the High Court is good law in light of Supreme Court precedents?
2. Whether the conversion of stone boulders into smaller stone pieces amounts to manufacture under Section 80 IB (4) of the Income-tax Act?

Analysis:

1. The appellant raised concerns regarding the validity of the judgment in relation to Supreme Court decisions. The High Court noted that the judgment in question was based on a later Supreme Court ruling in Lucky Minmat Pvt. Ltd. Vs. Commissioner of Income tax, which considered the conversion of stone into smaller pieces as a manufacturing process. The Court highlighted that the earlier Supreme Court case cited by the appellant, CST vs. Lal Kunwa Crusher, was not presented during the original judgment. The Court emphasized that the Lal Kunwa Crusher case did not impact the validity of their decision. Additionally, the Court pointed out that another judgment cited by the appellant did not establish any new legal principle. Consequently, the Court concluded that the questions raised did not qualify as substantial questions of law under Section 260 of the Income-tax Act, leading to the dismissal of the appeals.

2. The second issue revolved around whether the conversion of stone boulders into smaller pieces constituted manufacturing under Section 80 IB (4) of the Income-tax Act. The Court referenced its earlier judgment in M/s D.J.Stone Crusher vs. Commissioner of Income-tax, where it was held that such conversion did amount to manufacturing. The Court justified its position by relying on the aforementioned Lucky Minmat Pvt. Ltd. case, which supported the classification of stone crushing as a manufacturing process. The Court clarified that the conversion of stone into lime and concrete by crushers could be considered manufacturing, distinguishing it from mere mining activities. Given the legal precedent and reasoning provided, the Court reaffirmed its stance that the conversion process in question qualified as manufacturing under the relevant tax provisions.

In summary, the High Court upheld its previous decision regarding the manufacturing status of stone crushing activities, emphasizing the legal basis for its judgment and dismissing the appeals raised by the appellant.