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TMI Blog1997 (11) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 208 of 1983, dated November 21, 1983, the following three questions of law have been referred to us for our consideration : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the reassessment completed under section 143(3) read with section 147(b) of the Income-tax Act is not valid in law? 2. Whether, on the facts and in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the second question of law that is referred to us is concerned, it is seen that the issue raised in that question is covered against the Department by the recent decision of the Supreme Court in the case of South India Viscose Ltd. v. CIT [1997] 227 ITR 286, wherein the apex court held that the extra shift allowance has to be calculated on the basis of the number of days during which the conce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elopment rebate at the rate of 25 per cent. The Income-tax Officer rejected the claim of the assessee only on the ground that the assessee was manufacturing only cotton yarn which would not fall within item No. 32 of the Fifth Schedule to the Income-tax Act. A similar question whether the assessee manufacturing cotton yarn would be entitled to development rebate it the rate of 25 per cent, came up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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