Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1987 (5) TMI 29

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s follows: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal has rightly held that the business of the firm, M/s. Bharat Stone Works, Bokaro Steel City, is an " industrial undertaking " within the meaning of the Explanation to section 5(1)(xxxii) of the Wealth-tax Act, 1957, and so the assessee is entitled to the benefit under section 5(1) (xxxii) of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rocessing of goods or mining. The assessee appealed against the order of the Wealth-tax Officer. The Appellate Assistant Commissioner by a consolidate order accepted the plea of the assessee holding that the activity of the assessee was a mining/manufacturing process. An appeal by the Revenue before the Appellate Tribunal was filed which was dismissed. The Revenue, being aggrieved by the order of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... l undertaking belonging to the assessee. Explanation.-For the purposes of this clause and clause (xxxii), the term 'industrial undertaking' means an undertaking engaged in the, business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mining. " " Industrial undertaking " in terms of the Ex .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... that the firm was an " industrial undertaking ". That being so, the interest of the assessee in the firm had to be exempted. The Appellate Assistant Commissioner and the Tribunal were justified in holding that the interest of the assessee was exempted in terms of section 5(1)(xxxi) and (xxxii) of the Act in the net wealth of the assessee. For the reasons stated above, we are of the view that the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates