Itxa/1090/2008 Of The Commissioner Of Income Tax - 8 ,Mumbai v. M/S Asia Pacific Marbles P.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1090 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s. Asia Pacific Marbles P. Ltd. ..Respondent. Mr. Suresh Kumar for appellant. Mr. Anil G. Mishra i/b. P.K.P. Legal Solutions for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 21ST APRIL, 2010 P.C. :- 1.The appeal was admitted on 21 August, 2008 on the following substantial question of law:- “ Whether on the facts and in the circumstances of the case, the hon’ble Tribunal is justified in law in holding that the assessee is eligible for deduction u/s.80-IB and directing the Assessing Officer to allow deduction u/s.80IB on production of marble slabs, which was disallowed by the Assessing Officer and confirmed by the CIT(A) on the ground that production of marble slabs is a manufacturing activity ? “ Learned counsel appearing on behalf of the assessee has fairly placed before the Court a copy of the order dated 22 February, 2010 passed by this Court in Income Tax Appeal No.1202 of 2009 pertaining to the assessee. Following the earlier decision dated 22 February, 2010, we hold that the principle laid down in the judgment of the Supreme Court in Income Tax Officer V/s. Arihant Tiles & Marbles P. Ltd.[1] will be applicable to the facts of the present case. The decision of the Supreme Court will cover the issue against the Revenue. The appeal is accordingly disposed of. The substantial question of law is accordingly answered in terms of the decision of the Supreme Court. There shall be no order as to costs. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)