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TMI Blog2014 (7) TMI 1159X X X X Extracts X X X X X X X X Extracts X X X X ..... atha V. Kumar, Jr. DR Respondent by Shri A.S. Narayanamoorthy, CA ORDER Per CHANDRA POOJARI, Accountant Member: This appeal filed by the Revenue is directed against the order dated 19- 12-2013 passed by the CIT(A), Kozhikode for the assessment year 2008-09. 2. The only issue raised by the Revenue for our consideration is with regard to granting of additional depreciation @ 20% on plant and machinery. 3. The assessee has claimed additional depreciation on plant and machinery during the assessment year under consideration as per provisions of section 32(1)(iia) of the I.T. Act which was denied by the Assessing officer on the reason that the assessee is engaged in printing of newspapers and the said activity of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s case. The Ld. DR submitted that that CBDT s letter relied upon by the CIT(A) is on lower rate of tax benefit for industrial companies and not regarding additional depreciation available for assessees engaged in the business of printing and publishing. The Ld. DR further submitted that the activity of printing and publishing of newspaper is not included in the list of article or things mentioned in the eleventh schedule for availing additional depreciation u/s. 32(1)(iia) of the Act. 6. On the other hand, the Ld. AR by relying on the following judgments of the High Courts submitted that the activity of printing of newspapers is also manufacture or production of any article or thing: 1. CIT vs. Delhi Press Patra Prakashan 355 ITR 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tity of a printed paper. Blank paper and the printed article are not one and the same and it cannot be said that printing carried out in an industrial undertaking would not amount to manufacturing. A printed magazine or periodical even if it is not bound has a definite identity and its usage is completely different from the blank paper on which it is printed The expression used in section 80-1(2)(iii) is manufacture or produce any article or thing . The word produce is similar to the word production and while every manufacture can be characterized as production, every production need not amount to manufacture. There was no reason to exclude the printed paper produced by the assessee in its second and third units from the ambit of the e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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