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2009 (2) TMI 193 - RAJASTHAN HIGH COURTIndustrial Company – Concessinal Rate of Tax – Investment Allowance – Hotel Business – held that - It is true that such activity has been held to be ‘manufacturing process’ as defined under section 2(k) of the Factories Act. But, it is a well known canon of interpretation of statutes that the meaning given to the words in one statute cannot be automatically imported for interpretation in another statute. All depends upon the purpose of the Act and the context in which the words appear - The clear object of the Act was to give concession in the rate of income-tax to manufacturing concerns. The concession was not intended to be given to trading concerns. – hotel business not entitled for concession - Admittedly, the assessee runs a hotel. It cannot be said that it engaged in Construction work nor can it be said that by running hotel it manufactures any article or thing. Hotel is made for lodging and boarding. No plant and machinery exist in hotel, which is referred to in section for the purpose of benefit under section 32A of the Act. – Higher rate of depreciation not allowed
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