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2005 (5) TMI 63 - HC - Income TaxBenefit of sections 80HH and 80-I – Industrial Undertaking - the sole proprietary business - The Tribunal has recorded a categorical finding of fact that the transferred assets did not exceed 20 per cent, of the total whether it be of the plant and machinery or the whole of the assets of the new unit - Tribunal further held that the number of workers remained ten or more during a substantial part of the year and if the office workers are to be included the total number of workers were more than ten throughout the year - Tribunal further found that the establishment of a new unit was at a place different from the old unit and manufacturing an item was also different to that manufactured earlier - Tribunal further found that apart from the items other than those which had been transferred from the old to the new unit no other machinery was used or utilised by the new unit in its manufacturing process – Thus, Tribunal rightly held that the assessee was entitled for deduction under sections 80HH and 80-I
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