CHENNAI Vs. KALPANA AGENCIES

JUDGEMENT

(1.) The above Tax Case (Appeals), filed by the Revenue as against the orders of the Income Tax Appellate Tribunal, were admitted by this Court on the following substantial questions of law:

(2.) The brief facts, common to all the above Tax Case (Appeals) are as follows:

(3.) On appeal at the instance of the assessee, the Commissioner of Income Tax (Appeals) took the view that it is not in dispute that the assessee did not export Feldspar in pulverized or micronised form, but the nature of goods exported would fall under the definition as a mineral and it would satisfy the requirement of processed mineral or ore as defined under item x of the 12th schedule, namely, cut and polished mineral. He further held that quartz and feldspar are minerals and if one of the conditions of 12th schedule is satisfied, the benefit of Section 80HHC would automatically apply. The reasoning given by the Commissioner of Income Tax (Appeals) reads as follows: