2000 (2) TMI 56

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....ation in this appeal is whether, on the facts, the said processing involves manufacture so as to enable the assessee to claim the relief under s. 80HH of the IT Act, 1961. 2. The facts giving rise to this appeal, briefly, are as follows. In the manufacturing process, the raw seeds undergo various stages to make them a marketable lot. Stage one involves conveyance of the raw seeds through an ele....

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.... the raw seeds which can be consumed by human beings and animals, after being subjected to the process, are no longer edible and can be used only for cultivation. 3. Mr. Desai, learned counsel appearing on behalf of the Department, vehemently urged that if one examines the various stages through which the raw seeds go and the final product, it is clear that there is no manufacturing process inv....

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....final output did not become a different commodity. In the present case, on the facts, the various stages indicate that the raw seeds which could be the subject-matter of human consumption, after undergoing the various process stages, ceased to be edible and the said seeds could only be used for cultivation, Even applying the commercial test, the Tribunal, on the facts, found that even in the marke....

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....in the circumstances, the Supreme Court held that the final output ceased to be a foodgrain. That what emerged was an entirely different commodity and accordingly, the Supreme Court held that in that matter, the processing did amount to manufacture, This judgment of the Supreme Court also applies to the facts of the present case. In the present case also, the raw seeds were fit for consumption. Ho....