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TMI Blog1982 (4) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... V (10), Bombay. 2. We are disposing of this appeal on passing an ex parte order since the assessee failed to appear on the day of hearing of this appeal without sufficient cause or reason in spite of the fact that the notice of the date of hearing of the appeal fixed on 28th Apr., 1982 was served on the assessee as there is no application or telegram for its adjournment. 3. The relevant fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition of Rs.88,182 on account of it to the income of the assessee. 4. In appeal before the CIT (A), the assessee also failed, as he was of the view that the activities of the assessee-company, as described by the assessee's representative, clearly showed that the assessee was mainly engaged in retreading the existing tyres and no manufacturing activity was involved; that Schedule 9 covered indu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wance, as claimed by it as the assessee is the processor of tyres; hence they fall within the purview of the definition of manufacture, and being so, the authorities below were unjustified in rejecting the claim of the assessee for the investment allowance referred to above. On the other hand, shri medh contends that the claim of the assessee for investment allowance referred to above has been ri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The retreading of old tyres does not bring into being a commercially distinct or different entity. The old tyre retains its original character or identity as a tyre. Retreading does not completely transform it into another commercial article although it improves its performance and serviceability as a tyre. Rereading of old tyres is just like resoling of old shoes. No new or distinct article emer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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