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2010 (10) TMI 658 - HC - Income TaxDeduction u/s 80HHC - Revision u/s 263 - Whether on the facts and in the circumstances of the case, the hon'ble Tribunal was justified in law in holding that calcined petroleum coke manufactured by the appellant is the `mineral oil' within the meaning of section 80HHC - Since the expression "mineral oil" is not defined in the Act, the meaning of the expression would have to be gathered from the common parlance. We would have to consider how commercial men concerned with or dealing in "mineral oil" and other related commodities understand the expression "mineral oil" - The learned counsel for the Revenue however submitted that the cal-cination process cannot be regarded as a manufacturing process as it is a simple process of applying heat, may be by specialised methods, and mere heat treatment cannot be regarded as a manufacturing process and no new product therefore comes into existence - Though the initial raw material used for manufacture of the CPC is a petroleum crude oil extracted from the earth, the product which is manufactured by the appellant is an entirely different product commercially known and regarded as different from petroleum crude and which is different than the one which is derived by mere distillation of the petroleum crude which is a mineral oil - Decided in favor of the assessee
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