(1) THE Tribunal, in the instant case, placed reliance on its earlier judgment in the case of M/s Best Chemical and Lime Stone Industries Pvt. Ltd. and concluded that the facts and circumstances in the present case were similar. It, therefore, followed its earlier judgment. The following question was referred to the High Court for consideration, arising out of the judgment of the Tribunal. "Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that business activity of the assessee is clearly in the nature of manufacturing or production and, therefore, it is entitled for relief under Section 80HH of the I.T. Act, 1961."

(2) THE High Court answered the question against the assessee and the assessee is in appeal.

(3) THE High Court noted that the facts found by the Tribunal in the instant case were, "The assessee had business of mining of limestones and marble blocks and thereafter, cutting and sizing the same before being sold in the market." The High Court distinguished its earlier judgment in the case of M/s Best Chemical & Lime Stone Industries Pvt. Ltd. because there the assessee was engaged in the business of ex