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TMI Blog2024 (8) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant : Mr. Mahendra Gargeiya (Through V.C.) Mr. Devang Gargeiya For the Respondent : Mr. Shantanu Sharma , Mr. Anurag Mathur ORDER 1. This appeal is filed against order of the Income Tax Appellate Tribunal dated 29.08.2008. 2. Brief facts are that the appellant engaged in the business of production of gitti from sand stone blocks. In assessment year 2003-04 deduction under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09.2012, following substantial question of law was formulated:- "i. Whether the expression 'production' used under Section 80IB of the Income-tax Act, 1961 in which expressions 'manufacture' and 'production' both have been used are synonyms with each other or the word 'production' has a wider meaning than 'manufacture' so as to include within the preview, an activity, which may not amount of 'ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - 19. Applying the above tests laid down by this Court in N.C. Budharaja & Co.'s case (supra) to the facts of the present cases, we are of the view that blocks converted into polished slabs and tiles after undergoing the process indicated above certainly results in emergence of a new and distinct commodity. The original block does not remain the marble block, it becomes a slab or tile. In the ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndertaken by them has been recognised by various Government Authorities as manufacture. To say that the activity will not amount to manufacture or production under Section 80-IA will have disastrous consequences, particularly in view of the fact that the assessees in all the cases would plead that they were not liable to pay excise duty, sales tax etc. because the activity did not constitute manuf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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