9911796707
TMI Blog1993 (8) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... ment year 1980-81, the following question of law has been referred to this court : "Whether, on the facts and in the circumstances of the case, and on a proper interpretation of the provisions of section 32A of the Incometax Act, 1961, the Tribunal was justified in law in holding that the additional equipment and apparatus comprising electric installation motors, drums, cranes, generators, balanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement of case. The facts which have been incorporated in this case relate to the allowance of relief under section 80J(1A)(II)(ii). It appears that for the assessment years 1979-80 and 1980-81, the Assessing Officer while computing income allowed relief under section 80J on the capital employed in the paper industry which is a new industrial undertaking. However, the assessing authority initi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the Commissioner of Income-tax (Appeals) on the merits. Against the said consolidated order of the Tribunal, the Department made applications under section 256(1) of the Act, but the said applications were rejected by the Tribunal. Thereafter the Department filed two applications under section 256(2) of the Act before this court and rules were issued. Thereafter, on December 5, 1990 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d have called for a supplementary statement of case. But since the question referred is concluded by a decision of this court, it is not necessary to ask for a supplementary statement of case. An identical question which has been referred to this court came up for consideration before a Division Bench of this court in the case of this assessee for the assessment year 1978-79. There the Division B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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