1988 (7) TMI 48

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tion of law for the assessment year 1976-77, has been referred to this court 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 deduction under section 80J of the Income-tax Act, 1961, should not be computed proportionately with reference to the number of days of operation during the relevant .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e number of days the unit operated. The matter was brought before the Appellate Tribunal by the Revenue challenging the direction of the Commissioner of Income-tax (Appeals). The Appellate Tribunal noted that it was not disputed that the decision in the case of Simpson and Co. [1980] 122 ITR 283 (Mad) was applicable. It also noted that the Appellate Tribunal, 'A' Bench, Calcutta, in the case of th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X