2002 (2) TMI 63

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..... on the facts and in the circumstances of the case, the Tribunal was justified in holding that since the relief under section 80J of the Income-tax Act, 1961, in respect of the new industrial undertaking had been allowed to the assessee in the initial assessment year, the Income-tax Officer was not entitled to refuse the same relief in respect of that undertaking in the subsequent assessment year .....

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..... . In appeal before the Tribunal, the Tribunal has considered the decision of the Gujarat High Court in the case of Saurashtra Cement and Chemical Industries Ltd. v. CIT [1980] 123 ITR 669, wherein the Gujarat High Court has taken the view that the Income-tax Officer was not justified in refusing to continue the benefit of section 80J in the subsequent year, i.e., in the year 1969-70, unless the .....

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..... industrial undertaking manufactures or produces articles, the undertaking employs ten or more workers in a manufacturing process carried on with the aid of power, or employs twenty or more workers in a manufacturing process carried on without the aid of power." A plain reading of the provisions of sub-section (4) of section 80J reveals that relief under section 80J can be allowed to the assesse .....

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