2004 (3) TMI 18

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..... ng of boilers, would amount to manufacture of any article or thing, as per section 32A?" - An undertaking wherein activity of manufacturing takes place is an industry, if it meets the well known tests for determining the existence of an industry and that what is required is the industrial undertaking must be engaged in bringing into existence articles or things by a process of manufacture, and if .....

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..... r thing, as per section 32A of the Income-tax Act, 1961, and he was involved only in erection of plants and commissioning of boilers. The Commissioner of Income-tax (Appeals) on the ground that the assessee's similar claim for the earlier two years was allowed, held that the assessee would be entitled for investment allowance according to law. The Department took up the matter before the Income-ta .....

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..... g for the Department would place reliance on the ruling of this court reported in CIT v. Dowel Erectors [2000] 243 ITR 832 and contend that the claim of the assessee that the activity of erection of boilers "construction of a thing" was unsustainable in view of the ruling of the Supreme Court reported in CIT v. N. C. Budharaja and Co. [1993] 204 ITR 412 so also Builders Associations of India v. Un .....

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..... utilised for the manufacture or process of articles and goods and that for the purpose of application of the said section what is relevant is, bringing into existence a manufactured article with the aid of plant and machinery that is material. The court also pointed out that an undertaking wherein activity of manufacturing takes place is an industry, if it meets the well known tests for determini .....

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..... ee. If the Assessing Officer is satisfied that the machinery or plant is in fact used in the manufacture of articles or things and that the assessee is an industrial undertaking, he is duty bound to grant the benefit to the assessee as per the provisions of the Act. The questions of law are returned unanswered as the same will ultimately depend upon the conclusion that the Assessing Officer may .....

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