Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2005 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2005 (12) TMI 53 - HC - Income TaxRelief under section 80J - "1. Whether, even after finding that the production could not come out in a final shape, the Appellate Tribunal was legally justified in holding that the mill had started manufacturing goods during the year under reference within the meaning of section 80J? 2. Whether, the finding of the Appellate Tribunal that the initial year in the case of the assessee for getting benefit under section 80J was the assessment year 1971-72 is legally sustainable? 3. Whether assessee is entitled to relief under section 80J for the assessment year 1976-77?" - We have no doubt, in the context in which section 80J has been incorporated. The intention is clear, namely, the expression "begins to manufacture" is used as a noun and that is when the undertaking achieves the end product out of the process of manufacture. We are thus unable to accept the contention of the Department. Question No. 1 is answered in the negative, i.e., in favour of the assessee and against the Department. Questions Nos. 2 and 3 are consequential questions and they are covered by the answer given under question No. 1.
|