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TMI Blog2017 (10) TMI 1641X X X X Extracts X X X X X X X X Extracts X X X X ..... any change in a non-living physical object resulting in transformation of the object into a new and distinct object having a different name, character and use HELD THAT:- A perusal of the decision relied upon by the AO in the Assessment Order shows that the decision related to assessment years before the amendment to Sec. 2(29BA) providing for the definition of term manufacture . Admittedly, the process involved in the conversion of the beach sand into garnet sand as has been extracted of the Ld.CIT(A) clearly shows that the process is one of manufacture. This view of ours also find support from the decision of Sesa Goa Ltd. [ 2004 (11) TMI 14 - SUPREME COURT] Further, it is noticed that the Revenue has granted the benefit of deduction u/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... additional depreciation in respect of the same. It was a submission that as the assessee was not doing any manufacturing activity and was only cleaning and segregating garnet through centrifugal works undertaken by the assessee, the AO had denied the benefit of the claim of additional depreciation. It was a submission that the Ld.CIT(A) had allowed the assessee's claim of additional depreciation on the ground that the provisions of Sec.2(29BA) defining the term 'manufacture' introduced w.e.f. 01.04.2009 provided for any change in a non-living physical object resulting in transformation of the object into a new and distinct object having a different name, character and use. It was a submission that the Ld.CIT(A) had relied upon by the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Order shows that the decision related to assessment years before the amendment to Sec. 2(29BA) providing for the definition of term 'manufacture'. Admittedly, the process involved in the conversion of the beach sand into garnet sand as has been extracted in Page No. 3 of the Ld.CIT(A) clearly shows that the process is one of manufacture. This view of ours also find support from the decision of the Hon'ble Supreme Court in the case of Sesa Goa Ltd. referred to supra. Further, it is noticed that the Revenue has granted the benefit of deduction u/s. 80HHC for the AY 2003-04. Thus, even without the definition of the term manufacture u/s. 2(29BA), the Revenue has been holding that the assessee is doing the business of manufacturing. Now, to hol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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