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Case Law Details

Case Name : CIT Vs Mallikarjun Geo resources Associates (Uttarakhand High Court)
Appeal Number : Income Tax Appeal No. 33 of 2009
Date of Judgement/Order : 07/07/2011
Related Assessment Year :
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CIT Vs Mallikarjun Geo resources Associates (Uttarakhand High Court)- The word “production” takes in all the by-products, intermediate products and residual products, which emerge in the course of manufacture of goods. It, accordingly, pronounced that even if the action of manufacturing may not produce new goods, but if the activity entails production of a by-product or intermediate produce or residual product, the same will be production. Applying the said test, the Honourable Supreme Court pronounced that excavation of marble blocks, squaring them up, sawing them for making slabs, filling up cracks, polishing the same and later on, for the purpose of getting a shine, buffing the same, would tantamount to production within the meaning of section 80-IB of the Act.  In the instant case, boulder, which is a stone, would remain a stone even after it is crushed and converted into grits/stone chips/powder. The activity of converting boulder into grits/stone chips/powder may not be a manufacturing activity, but since such activity would be producing grits/stone chips/powder, the same would be production.

CIT Vs Mallikarjun Geo resources Associates

High Court of Uttarakhand

Income Tax Appeal No. 33 of 2009

Decided on: 7 July 2011

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