2011 (6) TMI 738

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..... ement of the tribunal dated 5.6.2009 raising following questions for our consideration : "Whether the Appellate Tribunal is right in law and on facts in holding that activity carried on by the assessee was manufacturing/production, and assessee is eligible for benefit u/s.80IB of the Act, though it has been categorically held by the Assessing Officer in the assessment order that activity carried .....

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..... manufacture carried out, would reveal that manufacturing process involves various steps i.e. of assembling and fixing of CPU, of memory and hard drive, of Optical Disk Drive, Wireless, Card. etc. Tribunal further found that end result is cumulative process carried out by an assessee and not the individual separate process. Tribunal was of the opinion that entire process of manufacture is to be co .....

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..... Section 2(29BA) of the IncomeTax Act which reads as under : "manufacture", with its grammatical variations, means a change in a nonliving physical object or article or thing,( a) resulting in transformation of the object or article or thing into a new and distinct object or article or thing having a different name, character and use; or (b) bringing into existence of a new and distinct object .....

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