1993 (6) TMI 2

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..... estion has been referred to this court at the instance of the Commissioner of Income-tax, Bombay, under section 256(1) of the Income-tax Act, 1961 : " Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in holding that the assessee's business consisted mainly in the manufacture or processing of goods and hence, it was not liable to tax under section 10 .....

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..... has held that the activity of construction and repair of buildings is neither manufacture nor processing of goods, though incidentally manufacture of windows, door-frames, concrete beams and slabs, etc., may be undertaken. The context of the above expression in section 104(4)(a) is not different. Strong reliance was placed on behalf of the assessee upon a decision of this court in the case of C .....

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..... nc Hotels (P.) Ltd. In Income-tax Reference No. 198 of 1979 decided on February 8, 1993, a Division Bench of this court, to which one of us (Dr. B. P. Saraf J.) was a party, has answered the question against the assessee in that case relying on Oricon Pvt. Ltd. [1989] 176 ITR 407 (Bom). Under the circumstances, the question is answered in the negative and in favour of the Revenue. No order as to .....

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