M/S Ilc Industries Ltd., Hospet vs. DCIT, Bangalore
In the result, the appeal filed by the assessee is dismissed
ITA 1009/BANG/2015[2007-08]Status: DisposedITAT Bangalore20 Sept 2016AY 2007-08
Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao
For Appellant: Zain Ahmed Khan, CAFor Respondent: Shri Sanjay Kumar, CIT(DR)
Section 143(3)Section 263Section 40aSection 80Section 80H
…cals Ltd. v. Collector of Customs and Excise [1996] 88 ELT 644 (SC) also, it was held that goods cannot be said to be manufacture if commodity distinct or different from the original input is not produced—same view in CCE v. Pan Pipes Resplendents Ltd. [2006] 193 ELT 129 (SC), Kesarwani Zarda Bhandar v. State of U.P. [2009] 19 VST 545 (SC). 12.6 In UOI v. J.G. Glass Industries Ltd. [1999] 114 STC 387 (SC), the Supreme Court has laid down a two-fold test for deciding whether the process is “manufacture”. First, whether by the said process a different commercial commodity comes into existence or whether the identi…