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Issues involved: Interpretation of whether the business of converting stone boulders into stone quartz and chips using machinery qualifies as an industrial undertaking for investment allowance u/s 32A of the Income-tax Act, 1961.
The High Court of Gauhati addressed a reference u/s 256(1) of the Income-tax Act, 1961 regarding the eligibility of an assessee firm for investment allowance u/s 32A. The firm, engaged in converting boulders into quartz and chips, claimed the allowance, which was initially denied by the Assessing Officer citing that the process did not constitute manufacturing. The Commissioner of Income-tax (Appeals) upheld this decision based on precedents. However, the Income-tax Appellate Tribunal reversed these decisions, considering the process as manufacturing and the business as an industrial undertaking, thus allowing the investment allowance. The Revenue challenged the Tribunal's decision, arguing that the process of making chips from boulders did not qualify as manufacturing under section 32A. They referenced a Supreme Court decision emphasizing that manufacturing involves creating a new substance, not just changing an existing one. The High Court noted a Madras High Court ruling defining manufacture as any process creating a new product from raw materials, which aligned with the conversion of boulders into chips. Additionally, a Rajasthan High Court decision supported the view that transforming minerals into commercial commodities through crushing constituted manufacturing. Ultimately, the High Court concurred with the Tribunal's interpretation, stating that the conversion of boulders into chips indeed constituted a manufacturing process, making the assessee eligible for investment allowance u/s 32A. The court's decision favored the assessee and rejected the Revenue's challenge, affirming the allowance granted by the Tribunal.
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