TMI Blog1996 (7) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... n income-tax reference under section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue and the following three questions have been referred by the Tribunal for opinion of this court : " (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the various units established by the assessee at Korba, Anpara, Bhilai, Badarpur, Sat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm engaged in the business of manufacturing and supply of plant and equipment in the nature of ash handling and oil distribution system for thermal power plants and steel plants in the country on turnkey basis. It is also engaged in the manufacture, fabrication and erection of steel works for public sector undertakings and Government departments. It is further engaged in the construction of indust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner of Income-tax (Appeals), the Department preferred an appeal before the Tribunal and the Tribunal dismissed the appeal of the Department and confirmed the order of the Commissioner of Income-tax (Appeals). Hence, the Department approached the Tribunal to make a reference and, accordingly, the Tribunal has referred the aforesaid three questions for opinion of this court. It would be releva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of answering these aforesaid three questions, we remand this case to the Tribunal to dispose of the matter in the light of the aforesaid decision, N. C. Budharaja and Co. [1993] 204 ITR 412 (SC). Accordingly, this reference is remanded back to the Tribunal to redetermine the issue in the light of the aforesaid decision, N. C. Budharaja and Co. [1993] 204 ITR 412 (SC). - - TaxTMI - TMITax - I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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