1996 (3) TMI 99

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..... s under section 256(1) of the Income-tax Act, 1961 (for short, "the Act"), referred the following questions said to be of law arising out of its order dated May 10, 1991, in I. T. A. No. 440/(Ind) of 1986 : " (i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the business of data processing with the help of computers is an industrial undert .....

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..... me-tax (Appeals) allowed both the aforesaid claims of the assessee, vide its order dated February 19, 1980 (annexure "B"). The Department then came in appeal before the Tribunal which also endorsed the order of the Commissioner of Income-tax (Appeals). The order of the Tribunal is annexure "C". Dissatisfied with the decision of the Tribunal, the Department moved an application under section 256( .....

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..... ons available to the small-scale industries under the Small Industries Development Programme. Units engaged in software servicing and data processing can, therefore, be registered as a small-scale industry provided they fulfil the necessary conditions of investment on machinery and equipment, etc. " The learned Commissioner has dealt with the questions at length and come to the conclusion that d .....

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