TMI Blog1991 (4) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... x Appellate Tribunal, Allahabad Bench, has referred the following question of law for the opinion of this court : "Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that it is not a case of 'reconstruction' of a business already in existence and that the assessee is entitled to deduction under section 80J of the Income-tax Act, 1961." The facts giving r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal. The view taken by the Income-tax Appellate Tribunal was upheld by this court in CIT v. Shankar Cold Storage [1982] 138 ITR 286. In the instant case which relates to the assessment year 1973-74, the Tribunal allowed the assessee's claim under section 8OJ relying upon its earlier order for the assessment year 1972-73 which, as already stated, was upheld by this court. No distinguishing fea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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