14. Lastly, he submits that in respect of the sale of testing
instruments, there are material purchased for making these
instruments stars from basic items like metal sheets, not and bolts
electo computer systems and as is held in the case of Triveni
Engineering and Industries Ltd. Vs. CIT in C.A Nos. 13357-13358 of
1996 by order dated 08.08.2000 of the Hon'ble Apex Court, where
an activity results in emergence of a new marketable commodity
with a distinctive name, character or use, it cannot but be
manufacturing process.
4. Ground no. 3 is that the ld. CIT(A) erred in disallowing interest
payable to IFCI in respect of Sugar Development Fund (SDF), by
invoking the provision contained in section 43B, as the interest is
14 ITA Nos. 5134(Del)/2004 etc.
payable to the Government. It is the admitted position that the issue
stands decided against the assessee by the decision of Hon'ble Delhi
High Court in the case of Triveni Engineering & Industries Ltd. Vs. CIT
(2009) 226 CTR 526. The relevant portion contained in paragraph 5 is
reproduced below:-
Further reliance can be placed on the decision of the Hon'ble Delhi benchof
Tribunal in the case of Triveni Engineering & Industries Ltd. v. ACIT: 186
ITD 353 wherein the bench deleted the adhoc disallowance of expenditure made
by assessing officer under section 14A where assessing officer made disallowance
without establishing the nexus between expenditure and the earning of dividend
income. The relevant extract of the decision is as below: