RAJESH BALIA,J. - (1.) THESE appeals are directed against the order dated 30/6/2006 of Income Tax Appellate Tribunal, Jodhpur Bench, jodhpur in IT Appeal Nos. 86/JU//2004 and 87/JU/2004.
(2.) THE following questions were framed as substantial questions of law while admitting the appeal on 10/8/2006: 1. Whether the expression 'production' used under Section 80IA/80IB of the Income Tax Act, 1961 in which both expressions 'manufacture' and 'production' have been used whether they have been used as synonymous with each other or the word 'production' has a wider meaning than 'manufacture' so as to include within its purview, an activity, which may not amount to manufacture but may still amount to production? 2. Whether if the question No. 1 is to be decided in positive whether the cutting and polishing of marble stone into marble slabs and tiles which has been held by the Supreme Court not amounting to manufacture can still be considered production for the purpose of Section 80IA/80IB? The facts of the present cases are that assessee is engaged in activity of sawing of marble blocks into slabs and tiles and marketing them in indigenous as well as foreign market. He is not engaged in winning marble blocks as a mineral but purchases the blocks from the market.
(3.) IN relation to profit derived from the export of marble slabs and tiles to foreign market, the assessee -appellant has claimed benefit of deduction under Section 80 HHC of the Income Tax Act, 1961 and which was allowed by the Assessing Officer.;