1996 (1) TMI 69

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..... 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is not entitled to any relief under section 80J of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in failing to consider the assessee's claim that the Income-tax Officer should have allowed the full relie .....

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..... conclusion stood set aside by the appellate authority---the Appellate Assistant Commissioner when he held that the assessee would be entitled to the deduction under section 80J and directed reopening of the assessment under section 147(b) of the Act. There was an appeal against the revised assessment wherein the appellate authority noticed the order of the Tribunal, dated January 18, 1977, arisin .....

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..... ilm plant No. 4, in connection with which it is held that the claim for relief under section 80J has been rightly rejected by the Department. This makes the contention a closed chapter for the assessee. For the above reasons, question No. 1 gets answered in the affirmative --- in favour of the Revenue and against the assessee. As a consequence, question No. 2 also gets answered in the affirmative .....

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