TMI Blog1991 (3) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... d to this court by the Tribunal under section 256(1) of the Income-tax Act, 1961, at the instance of the Department is : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to deduction under section 80J of the Income-tax Act in respect of the manufacture by it of axle shafts, torsion bars and coil springs ?" The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking which was to help in locating the cracks, if any, in the articles manufactured. That machine was also installed in the previous year. Deduction under section 84/80J for the assessment year 1967-68 was not granted and the matter was not carried beyond the Tribunal. This fact, itself, however, does not make much difference inasmuch as in that year there were no profits and there was no prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial undertaking was set up. Accordingly, the Appellate Assistant Commissioner held that the assessee was entitled to deduction under section 80J. The objections such as that the same personnel and office premises were used for the new unit, it may be stated, were not considered of any consequence by the Appellate Assistant Commissioner. The Tribunal agreed with the Appellate Assistant Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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