9911796707
TMI Blog1985 (10) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... e under section 256(1) of the Income-tax Act, 1961, reads thus : " Whether, on the facts and in the circumstances of the case, the assessee was entitled to relief under section 80J of the Income-tax Act, 1961, even though ten or more workers were employed only from August, 1969, up to the end of the previous year and not during the entire previous year ? " We are concerned with the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Revenue to the Income-tax Appellate Tribunal, the Appellate Assistant Commissioner's order was sustained. The question before us is raised at the instance of the Revenue. Mr. Jetly, learned counsel for the Revenue, referred to the provisions of section 80J(4)(iv) of the Income-tax Act, 1961. By reason thereof, section 80J applies to any industrial undertaking which fulfils, inter alia, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions that we are called upon to interpret. This court held that it was not requisite that the new undertaking should have employed ten or more workers throughout the entire period for which the relief was claimed. A fair reading of the provisions required that in order to qualify for the relief and satisfy the requirements, the undertaking must have employed ten or more workers substantially dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Its factory had commenced working in the earlier previous year with a smaller number of workmen. It would appear that as the manufacturing process gathered momentum, more workmen were employed. In the circumstances, it appears to us that substantial compliance with the provisions of section 80J(4)(iv) of the Income-tax Act, 1961, had been achieved. The benefit of section 80J cannot be withheld ..... X X X X Extracts X X X X X X X X Extracts X X X X
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