1997 (1) TMI 42

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..... following question of law for the opinion of this court under section 256(2) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the business of the firm in which the assessee is a partner, would constitute an undertaking engaged in the distribution of power and accordingly the assessee is entitled to the relief und .....

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..... tion or distribution of electricity or any other form of power and that the firm is only carrying on a trading activity in purchasing and selling gas cylinders and that, therefore, the assessee is not entitled to exemption. On appeal, the Appellate Assistant Commissioner confirmed the order passed by the Wealth-tax Officer. Aggrieved, the assessee filed an appeal before the Tribunal. The Tribunal .....

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..... uild English Language Dictionary, Indian Print of the year 1991, wherein at page 58, the word "fuel" is defined as something such as wood, coal, oil or petrol that is burned in order to provide heat or power. In the said dictionary at page 1123, "power" is defined as energy that is obtained by burning fuel or by using wind or sun, especially when it is used to make machines work or to produce elec .....

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..... it would amount to distribution of power through containers and, therefore, the business of the firm in which the assessee is a partner would constitute an undertaking engaged in the distribution of power. We have heard learned standing counsel for the Department as well as learned counsel for the assessee. The point for consideration is, whether the assessee is a partner in a firm which is an i .....

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..... . Therefore, gas which is fuel cannot be considered as power as contended by learned counsel for the assessee. Accordingly, we hold that the firm in which the assessee is a partner, is not an industrial undertaking engaged in the distribution of power. In that view of the matter, the exemption under section 5(1)(xxxii) of the Act cannot be granted, to the assessee. In the result, we answer the qu .....

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