1996 (6) TMI 111 - AT - Income Tax

Assessment Year, Backward Area, Manufacture Or Production, New Industrial Undertaking, Profits And Gains

Summary

Issues Involved:
1. Disallowance of the assessee's claim for deduction under section 80HH.
2. Disallowance of the assessee's claim for deduction under section 80-I.
3. Determination of whether the activities of the assessee constitute "manufacture" or "processing."

Issue-wise Detailed Analysis:

1. Disallowance of the Assessee's Claim for Deduction under Section 80HH:
The assessee, a registered firm owning a cotton press, claimed a deduction under section 80HH for its business income from the cotton press. The Income-tax Officer (ITO) disallowed the claim, arguing that the activity performed by the assessee did not qualify as "manufacture" or "production" of articles or things, as required by the section. The ITO observed that the assessee's operations involved pressing ginned lint into small bales without any ginning process, which he categorized as mere "processing" rather than manufacturing or producing a new product. The Deputy Commissioner of Income-tax (Appeals) [DC(Appeals)] upheld this view, stating that there was no qualitative change in the cotton, and the activities of sorting, pressing, and bating did not fall within the purview of manufacturing or producing. Consequently, the DC(Appeals) denied the deduction under section 80HH.

2. Disallowance of the Assessee's Claim for Deduction under Section 80-I:
Similar to the claim under section 80HH, the assessee also sought a deduction under section 80-I. This section allows deductions for profits and gains derived from an industrial undertaking engaged in the manufacture or production of articles or things. The ITO and DC(Appeals) both held that the activities of the assessee did not result in the creation of a new product, as the cotton remained essentially the same before and after pressing. Therefore, the deduction under section 80-I was also disallowed.

3. Determination of Whether the Activities of the Assessee Constitute "Manufacture" or "Processing":
The primary contention was whether the activities performed by the assessee-sorting, pressing, and converting loose cotton into bales-constituted "manufacture" or "processing." The assessee argued that the process extended the life of the fiber and resulted in a qualitatively different product. However, the ITO and DC(Appeals) disagreed, stating that the activities did not produce a new article or thing but merely facilitated storage and transportation.

The Tribunal examined various judicial precedents to determine the meaning of "manufacture" and "processing." It cited the Supreme Court's interpretation in cases such as Union of India v. Delhi Cloth & General Mills Co. Ltd., Empire Industries Ltd. v. Union of India, and Ujagar Prints v. Union of India, which emphasized that "manufacture" involves a transformation resulting in a new and distinct article with a different name, character, or use. The Tribunal also referred to the distinction between "processing" and "manufacture" as elucidated in cases like Dy. CST v. Pio Food Packers and Sterling Foods.

Applying these principles, the Tribunal concluded that the assessee's activities did not result in a new or distinct commodity. Loose cotton remained cotton even after being pressed into bales, and there was no change in its use or identity. Therefore, the activities did not qualify as "manufacture" or "production" under sections 80HH and 80-I.

Conclusion:
The Tribunal upheld the order of the DC(Appeals), dismissing the appeal. It ruled that the activities carried out by the assessee constituted "processing" rather than "manufacture" or "production," and thus, the assessee was not entitled to deductions under sections 80HH and 80-I of the Income-tax Act, 1961. The appeal was dismissed in its entirety.