1994 (4) TMI 71

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..... d the following question of law for our opinion arising out of its order dated January 30, 1984, under section 256(1) of the Income-tax Act in respect of the assessment year 1979-80 : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that the assessee is a small scale industrial undertaking and entitled to weighted deduction under section .....

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..... possession of any plant or machinery, therefore, he refused to allow weighted deduction under section 35B of the Act. But at the Tribunal's stage, the weighted deduction under section 35B of the Act has been allowed. Against that order, the Department has filed an application under section 256(1) of the Act to infer the question for opinion of the High Court. At the outset of the arguments, it .....

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..... essee. Even learned counsel for the assessee has admitted that no plant or machinery is owned by the assessee. Considering the undisputed fact and the decision of this court in thecase of Dhandia Gems Corporation [1994] 208 ITR 923, we hold that the assessee is not entitled to weighted deduction under section 35B of the Act. Accordingly, the question posed is answered in favour of the Revenue .....

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