2007 (8) TMI 291

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..... s carrying on a trading activity of business of a hotel cannot claim the benefit granted to an “industrial undertaking” by contending that it also produces foodstuffs or food packets - 81 and 82 of 1985 - - - Dated:- 27-7-2007 - MADAN B. LOKUR and DR. S. MURALIDHAR JJ. Hardipender Sing for the assessee. Ms. Rashmi Chopra for the Commissioner. JUDGMENT The judgment of the court w .....

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..... assessment years, the assessee did not raise this issue before the Assessing Officer. However, it was raised before the Commissioner of Income-tax (Appeals). For the other assessment year the assessee had raised this issue before the Assessing Officer. Be that as it may, the assessee had raised this issue before the Revenue authorities at one time or the other and they have decided the issue agai .....

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..... that it was entitled to be classified as an industrial company. The Supreme Court negatived the contention of the assessee in paragraph 17 of the decision, which reads as follows (page 546): "17. The foodstuff prepared by cooking or by any other process from raw materials such a cereals, pulses, vegetables, meat or the like cannot be regarded as commercially distinct commodity and it cannot be h .....

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