9911796707
TMI Blog1996 (6) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... 1977, should be treated as advance tax and should be taken into consideration for the purpose of levy of interest under section 139(8) of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the relief under section 80J of the Income-tax Act, 1961, should be allowed in respect of a new unit at Bhavani wherein the assessee is doing certain processing work only ? 3. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in not considering the question whether the new unit at Bhavani could be said to be engaged in the manufacture or production of articles and consequently whether the relief under section 80J coul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted as advance tax for the purpose of section 139(8) of the Act. Accordingly, we answer question No. 1 in the affirmative and against the Department. In so far as questions Nos. 2 and 3 are concerned, they go together. Question No. 2 relates to the relief under section 80J of the Act. The point for consideration is whether relief under section 80J of the Act should be allowed in respect of a new unit at Bhavani, wherein the assessee is doing certain processing work only. Question No. 3 relates to the point whether the new unit at Bhavani could be said to be engaged in the manufacture or production of articles and consequently whether the relief under section 80J of the Act could be granted. The Department had granted relief under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act and if such conditions were not satisfied, relief cannot be granted under that section for all the five assessment years. Therefore, fulfilling the conditions prescribed in section 80J(4) of the Act is the condition precedent for granting relief under that section. In the present case, the Department raised a ground that the assessee has not satisfied one of the conditions prescribed under section 80J(4) of the Act, viz., that the assessee is not engaged in the manufacturing or production of the cloth. But that ground was not considered by the Tribunal, since according to the Tribunal, the orders passed by the authorities below were without full particulars. In such circumstances, we direct the Tribunal to consider this question and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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