7 The petitioner is a holder of quarry lease for extracting stones and the stones are crushed into crushers to make gittis ballast or metal of different specified shapes and sizes The commodity processed or prepared does not remain stone but a new commercial commodity befitting for use in construction of roads or houses is made out
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Aggarwal contended that the judgment of the Madhya Pradesh High Court in the case of Kher Stone Crusher v G M District Industries Centre reported in 1992 61 E L T 586 M P holding that process of conversion of stones into gitties ballast and metal in crushers gives rise to a new commercial commodity and hence amounts to manufacture