COMMISSIONER OF INCOME TAX Vs. KURIAN ABRAHAM

JUDGEMENT

(1.) AT the instance of the Revenue, the Tribunal referred the following questions for the opinion of this Court relevant to the asst. yr. 1980-81:

(2.) THE only question for consideration is whether the assessee a firm is engaged in the business of manufacture or production.

(3.) THE standing counsel submits before us that in the statement of the case, the Tribunal wrongly stated that the assessee was selling the latex after centrifuging the same. In fact, the Tribunal did not go into the merits of the case, but it simply relied on the case of Kanam Latex Industries (P) Ltd. (supra), which was engaged in the identical activity. In Kanam Latex Industries (P) Ltd., it was clearly found by the Tribunal that the centrifuged latex was produced by subjecting normal field latex collected from rubber plantations to centrifugal forces. Since the Tribunal relied upon the decision in which the Tribunal clearly found that the assessee in that case produced centrifuged latex by subjecting normal field latex it must be held that the Tribunal adopted the same finding given by the Tribunal in Kanam Latex Industries (P) Ltd. (supra).