9911796707
TMI Blog2001 (7) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... t, "the Tribunal"), under section 256(1) of the Income-tax Act, 1961 (in short, the 'Act"): "1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the assessee-company is an industrial company as defined in section 2(7)(c) of the Finance Act, 1979, and if so whether the assessee-company is entitled to a concessional rate of tax? 2. Whether, on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not accepted and the decision of this court in National Projects Contruction Corporation Ltd. v. CWT [1969] 74 ITR 465, was not applicable to the facts of the case. The Income-tax Officer refused to recognise the assessee as an industrial company, but allowed investment allowance under section 32A. Subsequently, the said allowance was withdrawn by order passed under section 154 of the Act. The ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this court. Learned counsel for the Revenue placed reliance on a decision of this court in Bhagat Construction Co. P. Ltd. v. CIT [1998] 232 ITR 722, in the assessee's own case for 1985-86 and submitted that the views of the Commissioner of Income-tax (Appeals) and the Tribunal cannot be maintained. Learned counsel for the assessee submitted with reference to the decision of the apex court in M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal claimed that there was a positive finding in this regard. We find that the Commissioner of Income-tax (Appeals) and the Tribunal referred to some profits which were held to be relatable to manufacturing activities in terms of the decision in N. C. Budharaja's case which was decided by the Orissa High Court, i.e., CIT v. N. C. Budharaja and Co. [1980] 121 ITR 212. The said decision was ov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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