DXN Herbal Manufacturing (India) (P.) Ltd. v. ITO (2018) 257 Taxman 492/ ( 2019) 411 ITR 646/ 307 CTR 556/ 174 DTR 203 (Mad.)(HC)

S. 80IB : Industrial undertakings – Manufacture – Ayurvedic medical products- Filling of mushroom powder in gelatin capsules after following specified process amounts to manufacture or production of commercially distinct commodity -Entitle to deduction .

Allowing the appeal of the assessee , the Court held that ; assessee which is engaged in manufacture of Aurvedic medical products , filling of mushroom powder in gelatin capsules after following specified process amounts to manufacture or production of commercially distinct commodity . Accordingly entitle to deduction .  (AY. 2003-04 ,2004-05)

(Note: Order in DXN Herbal Manufacturing (India) (P.) Ltd. v. ITO ( 2009) 316 ITR  (AT) 126 ( Chennai)( Trib) is partly reversed .)