TMI Blog1988 (11) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... erences involves the assessment year 1967-68. The second involves the assessment years 1968-69 and 1969-70. The assessee is the same. In the first reference the questions read thus : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the newly established undertaking of the assessee-company fulfilled the requirements of section 84(2)(iv) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal was justified in holding that the newly established industrial undertaking of the assessee-company fulfilled the requirements as to the number of workers employed in the manufacturing process carried on by the undertaking with the aid of power during the previous years relevant to the assessment years 1968-69 and 1969-70, even though the number of workers so employed was less than 10 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n period was reduced to six, on an average there had been 10 workers employed in the undertaking and this was sufficient. reference to this court was made for that year but we understand that the question referred was not decided because service on the assessee had not been effected. Though the Tribunal has used the words "on an average" in its decision for the assessment year 1965-66, it held, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .[1986] 162 ITR 640, upon its earlier judgment in CIT v. Sawyer's Asia Ltd. [1980] 122 ITR 259. In the result, the questions in the two references are answered thus the first questions are answered in the affirmative and in favour of the assessee and, the second questions are answered in the negative and in favour of the assessee. No order as to costs. - - TaxTMI - TMITax - Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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