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2003 (7) TMI 30 - BOMBAY HIGH COURT
Deduction on investment allowance under section 32A, in respect of machinery used in mining activity - "Whether, Tribunal was justified in holding that the assessee is entitled for deduction on investment allowance under section 32A, in respect of machinery used in mining activity, ignoring the fact that the assessee is engaged in extraction and processing of iron ore, not amounting to manufacture or production of any article or thing?" - ore has to be extracted or raised from the earth in which it is embedded and has to be brought to the surface. What is brought to the surface is something new which comes into existence, as an article or thing. If that be the case, winning or extracting of ore would fall within the expression "production". Once it falls within the expression "production", the assessee would be entitled to the benefit under section 32A – Tribunal’s order require no interference