1984 (3) TMI 75 - AT - Income Tax

Summary

Issues:
- Appeal against the order of CIT(A) directing computation of relief under s. 80J for asst. yr. 1975-76.
- Rejection of assessee's claim by ITO due to lack of quantification and carry forward of claim.
- CIT(A) accepting assessee's claim based on decisions of Allahabad and Madras High Courts.
- Revenue's appeal before Tribunal challenging CIT(A)'s decision.
- Interpretation of s. 80J relief and applicability of previous court decisions.
- Tribunal's consideration of rival submissions and previous court decisions.
- Dismissal of appeal by Tribunal.

Analysis:
The judgment involves an appeal by the Revenue against the order of CIT(A) regarding the computation of relief under s. 80J for the assessment year 1975-76. The ITO had rejected the assessee's claim as the claim was not quantified or carried forward. However, the CIT(A) accepted the claim based on decisions of Allahabad and Madras High Courts, which emphasized that the relief under s. 80J can be carried forward even if not quantified in the initial assessment year. The Revenue challenged this decision before the Tribunal, arguing that the relief could have been sought through specific provisions like s. 154 or s. 264 of the Act. The Tribunal, after considering the submissions and previous court decisions, upheld the order of CIT(A) based on the interpretations provided by Allahabad and Madras High Courts, ultimately dismissing the Revenue's appeal.

The key issue revolved around the interpretation of s. 80J relief and the applicability of previous court decisions in allowing the carry forward of relief even if not quantified in the initial assessment year. The Tribunal relied on the decisions of Allahabad and Madras High Courts, which clarified that there is no requirement for a definite claim or quantification in the first assessment year if the industrial undertaking suffered a loss. The Tribunal found the point to be settled based on the previous court decisions and dismissed the Revenue's appeal.

In conclusion, the Tribunal's decision was based on the interpretation of s. 80J relief and the precedence set by previous court judgments. The Tribunal upheld the order of CIT(A) in allowing the carry forward of relief for the assessee, ultimately dismissing the Revenue's appeal against the computation of relief under s. 80J for the assessment year 1975-76.