2005 (2) TMI 818

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..... (hereinafter referred to as the Act ) for opinion to this Court : (1) Whether on the facts and in the circumstances of the case, the learned Tribunal was, in law, justified in agreeing with the D.C. (Appeals) that the assessee firm is an industrial undertaking and the assessee was entitled to relief under section 80J of the Income-tax Act, 1961 ? The reference relates to the assessment ye .....

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..... d in the assessee s business and it was an Industrial Undertaking and the assessee was entitled for deduction under section 80J. The AAChas rightly placed reliance on the decision mentioned in para 1 of the impugned order. I do not find any force in the contention of the learned Departmental Representative that the decision dated 2-5-1986 for the assessment year 1981-82 is sub judiced because he f .....

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..... ng process and the workers employed in this process are the workers employed in the manufacturing process. 5. Respectfully following the aforesaid judgment we are of the opinion that the Tribunal has committed no illegality in allowing deduction under section 80J of the Act. 6. We, therefore, answer the question in affirmative i.e. against the department and in favour of the assessee. There .....

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