9911796707
TMI Blog1999 (7) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... BU J.--The assessee is engaged in the processing of unbleached grey cloth by bleaching, calendering, dyeing and printing so as to produce printed cloth. For the assessment year 1981-82, the assessee claimed deduction under section 32A which claim was rejected by the Inspecting Assistant Commissioner who under section 144B directed the Income-tax Officer to disallow the claim. On appeal the Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see. In the aforementioned case, it was held by the Supreme Court that when section 33(1)(b)(B)(i) is read along with item No. 32 of the Fifth Schedule to the Income-tax Act that item being "32. Textiles (including those dyed, printed or otherwise processed) made wholly or mainly of cot ton, including cotton yarn, hosiery and rope." read together, the result is: "Where the machinery or plant is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncept of "manufacture". It was held that the processing etymologically also meant manufacturing process. In the case of Ujagar Prints v. Union of India [1989] 179 ITR 317 (SC) it was held by the Constitution Bench of the apex court that the retrospective amendments of the definition of "manufacture" in the Central Excises and Salt Act, 1944, so as to include processing was valid. The court furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Act would therefore, comprehend processing. The processed article is the article that is produced as a result of such manufacture. The question referred to us, namely: "Whether, on the facts and in the circumstances of the case, the asses see is engaged in the manufacture or production of an article as envisaged in section 32A(2)(b)(iii) of the Income-tax Act and consequently entitled t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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