2006 (2) TMI 119 - HC - Income Tax

Deduction under section 80-I allowed in impugned order holding that the photo processing machine installed by the assessee was used for the process of manufacturing and production of article or thing entitling the assessee for deduction - Tribunal had rightly held that the processing of film and printing photographs from the negatives amounts to a manufacturing activity and is an industrial undertaking eligible for the benefit of section 80-I of the Act and therefore the assessee is entitled to investment allowance we do not see any infirmity in the order of the Tribunal.

Summary

Issues:
- Appeal against order allowing deduction under section 80-I of the Income-tax Act, 1961 for photo processing machine used in manufacturing.
- Dispute over whether exposing film rolls and printing photographs qualifies as manufacturing activity for deduction under section 80-I.
- Interpretation of the term "manufacture" in the context of transforming raw materials into new commercial commodities.
- Comparison with precedents to determine eligibility for investment allowance based on manufacturing activities.

Analysis:
The judgment pertains to an appeal challenging the allowance of deduction under section 80-I of the Income-tax Act, 1961 for a photo processing machine used in manufacturing. The dispute revolves around whether exposing film rolls and printing photographs constitutes a manufacturing activity eligible for the deduction. The court delves into the concept of "manufacture," emphasizing the transformation of raw materials into new commercial commodities. It is highlighted that the original material need not lose its identity entirely; the key is the emergence of a distinct product with its own characteristics. The court references precedents to support the argument that activities like processing film into photographs qualify as manufacturing, thus entitling the assessee to claim investment allowance.

In analyzing the case, the court refers to a previous judgment involving a film production company where the processing of films into positive prints was considered a manufacturing process eligible for investment allowance. Additionally, judgments from other High Courts are cited to reinforce the interpretation that converting raw film into positive prints constitutes manufacturing, leading to eligibility for deductions. The court emphasizes that the process of transforming negatives into photographs creates a new commercial commodity with its own identity, meeting the criteria for manufacturing under section 80-I of the Act.

The court concludes that the Tribunal correctly determined that processing film and printing photographs from negatives amount to a manufacturing activity eligible for the benefit of section 80-I. As the question of law is settled and aligns with precedents and the Tribunal's decision, the appeal is dismissed. The judgment affirms that engaging in activities that result in the production of distinct commercial commodities qualifies as manufacturing, entitling the assessee to claim investment allowance under the Income-tax Act, 1961.