TMI Blog1977 (9) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... essor of goods. Therefore, the assessee asked the Income-tax Officer to rectify the orders under section 154 of the Act and to consider whether the assessee as manufacturer or processor of goods was entitled to be taxed at a concessional rate. The Income-tax Officer rejected the application which was, however, allowed by the Appellate Assistant Commissioner who directed the Income-tax Officer to grant relief under section 154 of the Act. The department then filed appeal which was dismissed by the Tribunal in the following terms: " The assessee is a publisher of books. The assessee's job is to get the manuscript for publication, hit upon a suitable format for the book, get it printed as per its requirements under its supervision, get the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was engaged in any manufacturing or processing activity ?" It has been contended on behalf of the revenue before us that since the assessee was not the owner of a printing press and the printing was done from outside, it should be held that the assessee did not carry on any activity either in manufacturing or in processing of any books. It has also been argued that as the books were bound by the outside book-binders it cannot be said that the assessee was a manufacturer of any books. It has finally been submitted that, in view of the finding of the Tribunal that the assessee's activity cannot purely be called a trading activity, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce that the lease was taken for setting up the printing press and, therefore, it was wholly unnecessary for him to express any opinion on the meaning of the word "manufacture". That apart, there is a long catena of decisions on the word "manufacturing" under the fiscal Acts and after fully considering them in the case of Commissioner of Income-tax v. Casino (Pvt.) Ltd. [1973] 91 ITR 289 (Ker), their Lordships of the Kerala High Court, at page 298 of the report, say this : " The result of our discussion can be summed up in these terms: Manufacture is a process which results in an alteration or change in the goods which are subjected to such manufacture. A commercially new different article is produced. May be that is produced by manual l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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