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TMI Blog1995 (2) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... he following question of law arising out of its order dated June 30, 1983, in respect of the assessment year 1979-80 under section 256(1) of the Income-tax Act, 1961 : " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee-firm is an industrial undertaking and consequently in directing to allow deduction under section 35B(1A) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conclusion that the assessee is an industrial undertaking. The order of the Commissioner of Income-tax (Appeals) was challenged by the Revenue before the Tribunal and the Tribunal observed that the same issue came up for consideration before the Tribunal in the case of Dhandia Gems Corporation and on the basis of the said decision, the appeal of the Revenue was dismissed. The submission of Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and, therefore, it is to be presumed that the case of the assessee is similar to the case of Dhandia Gems Corporation as he himself placed reliance on the said decision before the Tribunal. The decision of the Tribunal in Dhandia Gems Corporation has already been considered by this court in the case of CIT v. Dhandia Gems Corporation [1994] 208 ITR 923. In the said decision, it was found that ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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