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Sacs Eagles Chicory Vs. Commissioner of Income-tax - Court Judgment

SooperKanoon Citation
SubjectDirect Taxation
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 5877 of 1999
Judge
Reported in[2002]255ITR178(SC); (2002)10SCC337
ActsIncome Tax Act, 1961 - Sections 80-HH, 80-I, 80-J
AppellantSacs Eagles Chicory
RespondentCommissioner of Income-tax
Advocates: R. Venkataraman, Sr. Adv. and; V. Ramasubramanian, Adv
Excerpt:
- [ s.b. bharucha, c.j.; n. santosh hegde; arijit pasayat, jj.] -- income tax — deductions — deduction under ss. 80-hh, 80-i and 80-j — eligibility — industrial undertaking — whether the assessee is — determination of — making of powder from chicory roots by roasting and thereafter powdering the same, held, is not a manufacturing activity -- whether on the facts and in the circumstances of the case, the assessee firm is an industrial undertaking eligible for deduction under sections 80-hh, 80-i and 80-j of the income tax act, 1961?” the civil appeal is dismissed with costs......the facts and in the circumstances of the case, the assessee firm is an industrial undertaking eligible for deduction under sections 80-hh, 80-i and 80-j of the income tax act, 1961?”all that is on record in regard to the “process” that the assessee carries on is stated in the order of the appellate assistant commissioner of income tax thus:“but if an analysis of the activity of making powder from the chicory roots is made, it will be found out that there are only two processes in making the powder from chicory roots: (i) roots are roasted, and (ii) after that they are powdered.”2. we have asked learned counsel for the assessee whether there is anything else that describes the process. there is apparently nothing else. if that is the only process, it does.....
Judgment:

S.B. Bharucha, C.J.; N. Santosh Hegde; Arijit Pasayat, JJ.

1. The question to be considered reads thus:

“Whether on the facts and in the circumstances of the case, the assessee firm is an industrial undertaking eligible for deduction under Sections 80-HH, 80-I and 80-J of the Income Tax Act, 1961?”

All that is on record in regard to the “process” that the assessee carries on is stated in the order of the Appellate Assistant Commissioner of Income Tax thus:

“But if an analysis of the activity of making powder from the chicory roots is made, it will be found out that there are only two processes in making the powder from chicory roots: (i) roots are roasted, and (ii) after that they are powdered.”

2. We have asked learned counsel for the assessee whether there is anything else that describes the process. There is apparently nothing else. If that is the only process, it does not satisfy the test laid down by this Court in Aspinwall & Co. Ltd. v. CIT1.

3. The civil appeal is dismissed with costs.


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