1978 (1) TMI 6

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..... er : " Whether, in the assessment for the assessment year 1969-70, the assessee could be allowed development rebate at 35% on Rs. 2,30,840 being the cost of the machinery installed during the relevant previous year, despite the fact that they were used not merely for the manufacture of nuts, bolts and screws for automobiles, but also for the manufacture of such articles for other machinery ? " .....

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..... chedule. Item 20 in the Fifth Schedule is " automobile ancillaries ". The assessee had installed a special machinery for manufacturing nuts and bolts for automobiles and the Tribunal has found that the question whether the machinery in respect of which development rebate is claimed has been installed during the relevant previous year for the manufacture of articles mentioned in the Fifth Schedule .....

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..... f the items mentioned in the Fifth Schedule need not necessarily be used exclusively for the manufacture of these items or any of the items in the Schedule. The decisions to which our attention was drawn by the counsel on behalf of the revenue related to cases where the income derived was by using the machinery for purposes other than the business of the assessee. Those decisions will, therefore .....

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