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TMI Blog2014 (2) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment year 2008-09. 2. Brief facts of the case are that the assessee firm is a 100% export unit engaged in the export of polish granite marble and monument. The Assessing Officer noticed that the assessee had claimed exemption of Rs. 30,44,726/- under section 10B of the Income Tax Act. He further noted that the assessee had claimed similar deduction in assessment year 2006-07 and 2007-08 also. The exemption claimed by the assessee was withdrawn for those two years. Therefore, he required the assessee to explain as to why the deduction under section 10B may not be disallowed as done in previous year treating the business of assessee as a job work instead of manufacturing process. 3. After considering the detailed submissions of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sections 80IA, 80IB or lOB of the Income-tax Act, 1961. v. The judgment of Hon'ble Rajasthan High Court in the case of Arihant Titles & Marbles Pvt. Ltd. Vs. ITO 295 ITR 148 (Raj) cannot be at all applied here and it has been discussed in details in early part of the order. It is further to mention that the ratio of the judgment of Hon'ble Supreme Court in the case of Lucky Minmat Pvt. Ltd. 245 ITR 830 (SC) has not been appreciated well by the Rajasthan High Court. Further the circular No. 729 of the CBDT was for deduction U/s 80 HHC on the polished granite and not for the purpose of section 80IA, 80IB or lOB of the Income- tax Act, 1961. Hence, this judgment is not at all applicable in the case of the assessee. vi. Even the judgment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacture and production have been defined. Here, the production has been defined only in relation to production of computer programmes. So, production has been given stricter interpretation. So, the assessee can claim the benefit of manufacture only in relation to section 10B and as discussed earlier, the cutting and the dressing of granite is not a , manufacturing activity as emanating from a large number of decisions of various High Courts and Hon'ble Supreme court." 4. He, therefore, denied the deduction claimed by assessee under section 10B, inter alia, observing observed that in the year under consideration also there is no change in the facts of the case. Ld. CIT(A) allowed the assessee's appeal, inter alia following the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X
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