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2005 (8) TMI 64 - HC - Income TaxWeighted deduction - "Whether, Tribunal was justified in law in holding that the assessee-firm fulfilled all the relevant conditions prescribed in section 35B(1A) as amended by the Finance Act, 1978 and was entitled to weighted deduction under section 32A? Whether the Tribunal was justified in dismissing the Department's second appeal on the issue of weighted deduction under section 32A when the Tribunal itself has allowed department's reference application under section 256(1) in the case of United Trading Corporation, Moradabad for the assessment year 1979-80?" - Tribunal found that the assessee owned machinery worth Rs. 3,891.48 which finds place in the balance-sheet under the head "Assets" whose details are given in the machinery accounts. The Tribunal also found that the assessee is registered as a small scale industrial unit by the Director of Industries, Government of U.P. in respect of brassware - both the questions referred above, are answered in the affirmative, i.e., in favour of the assessee
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