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TMI Blog2006 (7) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... the capital employed in the two chambers added to the existing cold storage?" - We find that under section 80J(2), deduction in respect of profits and gains is also available to the existing cold storage. In the present case the Tribunal held that the assessee was entitled to the deduction under section 80J on the two chambers added to the existing cold storage. In this view of the matter the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Amongst other things, it claimed relief under section 80J, as a new industrial undertaking. The Income-tax Officer disallowed the claim on the similar reasons as given in the assessment years 1974-75 and 1975-76, namely, that the assessee did not employ 10 or more workers and that there was no separate independent viable unit which came into existence and that the new unit was formed by transfer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that his predecessor for the assessment year 1975-76 found that there was a separate independent viable unit. He noted that after the remand order, the Income-tax Officer conceded that there were separate connections. The present Commissioner of Income-tax (Appeals) agreed with the decisions for the earlier years and held that there was a separate independent viable unit for which a claim under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment year 1974-75 being I. T. A. Nos. 1222 and 1342/(Alld.) of 1980. Following that decision, the Appellate Tribunal dismissed the appeals by the Revenue on the point. We have heard Sri A. K. Mahajan, learned counsel for the Revenue. No one appears on behalf of the respondent. We find that under section 80J(2) of the Act deduction in respect of profits and gains is also available to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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