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OPINION OF THE COURT BY STANLEY, COMMISSIONER . Affirming. The appellant, Day Pulverizer Company, sold the appellee, J.W. Rutledge, a rock crusher and elevator for 1,115. He paid 400 in cash and gave three notes for the balance. When sued on the notes, Rutledge counter-claimed and asked their cancellation and a recovery of the cash paid.
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The ground raised is that ld. CITA erred in deleting addition of Rs. 1836804- on account of claim us 80IB ignoring the fact that assessee is a stone crusher and not manufacturer at all, and also in ratio of decision in the case of Lucky Minmat Pvt. Ltd. vs. CIT 116 Taxman 1
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