2010 (5) TMI 55 - HC - Income Tax

Deduction u/s 10B - The Assessing Officer had deleted the deduction under Section 10B by holding that cutting and processing of stone, marble, granite etc. did not amount to manufacture or production. However, the Commissioner of Income Tax (Appeals) deleted the said disallowance and the same was confirmed by the Income Tax Appellate Tribunal. - The Tribunal held that these multiple uses of the tiles produced by the assessee could not have been done by solely using the main raw material which was nothing but solid blocks of sandstone, marble or granite. It was also noticed as a fact that the end product of the assessee was a product which was commercially distinct from the primary raw material and was the result of the activity conducted by the assessee. The Tribunal also noted that the term production was wider than manufacture and even if it were to be assumed that the assessee was not engaged in a manufacturing activity, it was certainly engaged in the activity of production. The processes employed by the assessee were carried out by highly skilled and specialized workmen on the raw material and the price of the end product was many times more than that of the raw material. Consequently, it was found as a fact that the assessee was engaged in the process of production of the said tiles. Held that Income Tax Appellate Tribunal followed its earlier decision of the assessment years 2003-2004 and 2004-2005. We are also informed that appeals preferred against the order passed in respect of the earlier assessment years have also been dismissed by this Court. - Revenue appeal dismissed.

Summary

Issues:
1. Whether cutting and processing of stone, marble, granite etc. amounts to manufacture or production for deduction under Section 10B of the Income Tax Act, 1961.

Analysis:
1. The main issue in this case revolves around whether the cutting and processing of stone, marble, granite, etc., qualifies as manufacturing or production for the purpose of claiming a deduction under Section 10B of the Income Tax Act, 1961. The dispute arose from an order passed by the Income Tax Appellate Tribunal concerning the assessment year 2005-2006. Initially, the Assessing Officer disallowed the deduction under Section 10B, arguing that the cutting and processing activities did not constitute manufacturing or production. However, the Commissioner of Income Tax (Appeals) reversed this decision, a ruling which was upheld by the Income Tax Appellate Tribunal. The Tribunal based its decision on the fact that the assessee purchased raw stone blocks and then processed them into tiles of various dimensions and designs for different purposes like flooring, wall tiles, kitchen tops, and table tops. The Tribunal found that the end product was commercially distinct from the raw material and was a result of the specialized processes conducted by the assessee. It was established that the assessee was engaged in the production of these tiles, even if not in manufacturing per se. The Tribunal emphasized that the term "production" was broader than "manufacture," and the skilled processes added significant value to the raw material, justifying the deduction under Section 10B.

2. The Tribunal's decision for the assessment years 2003-2004 and 2004-2005, which was consistent with the current case, was also cited as a precedent. The Tribunal noted that the processes carried out by the skilled workers on the raw material significantly increased the value of the end product, making it distinct from the primary raw material. Moreover, the price of the final product was substantially higher than that of the raw material, indicating a value addition through the production process. The Tribunal's findings underscored that the assessee's activities constituted production, even if not traditional manufacturing. The Court, after considering the previous decisions and the nature of the processes involved, upheld the Tribunal's ruling and dismissed the appeal for the current assessment year. The judgment reaffirmed that the cutting and processing activities undertaken by the assessee qualified as production, making them eligible for the deduction under Section 10B of the Income Tax Act, 1961.