Case Law Details
If the production of cinematograph film amounts to “manufacture of an article or goods” within the meaning of section 104(4)(a) as it then stood, it follows that the said activity must be treated as an “industrial undertaking” within the purview of section 80J of the Income-tax Act, 1961. Apart from the circular, we are satisfied that, even on a common sense view, “film production” will have to be considered as a manufacturing activity and the undertaking will have to be considered as an industrial undertaking. It is so considered under excise law and other allied laws also. Whether the assessee satisfies all other conditions of the said section or not will have to be examined by the authorities below to whom the directions have already been issued by the Income-tax Tribunal.
Bombay High Court
Commissioner Of Income-Tax
vs
D.K. Kondke
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