TMI Blog1993 (8) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... en 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, balances, pumps, moisturing machines, were part and parcel o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orated 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 initiated proceedings under section 154 of the Act for re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s) 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, the said rules came up for hearing before a Divis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se. 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 Bench of the court by the judgment and order date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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