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TMI Blog1983 (3) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... l company' has not been accepted by the ITO for the asst. yrs. 1975-76 to 1977-78. However, the AAC allowed the assessee's claim for the asst. yr. 1975-76 following the Tribunal's order in the assessee's own case for earlier years. The dispute for that year came up before the tribunal at the instance of the revenue. It was pointed out that subsequently the tribunal had taken a contrary view in another case. By its order dt.16th June 1977 Bombay Bench 'C' of the ITAT considered that it was necessary for the disposal of the appeal that the exact nature of the assessee's activity is found out and brought on record and that the answer to the question whether the assessee is or is not an 'industrial company' will depend on the facts of each case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the CIT (A) who passed a consolidated order dated 1st Aug., 1981. The CIT(A) agreed with the ITO that the assessee was not an industrial company. The assessee's appeals were, thus, dismissed. 5. It is fairly admitted by Sri Y.P. Trivedi, the ld. counsel for the assessee, that the Bombay High Court was considering the provisions of s. 84, corresponding to the present s.80J its decision in the case CIT vs. Pressure Piling Co (India) P. Ltd. However, according to him, the language used in s. 84 and s. 2(7)(d) of the Finance Act, 1966, is materially identical and therefore, the departmental authorities were not justified in holding that the said decision of the Bombay High Court was not applicable to the facts of the case. In this connect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y relied on the decision of the Bombay High Court in the case of CIT vs N.U.C. Private Ltd. It is stated that the Bombay high court has considered nothing but the definition of 'industrial company' in s. 2(7) (d) of the Finance Act, 1966. In the other two cases, the issues have been different. As regards the ratio of the decision of the Bombay High Court in the case of Shah Construction Co. It is submitted that so far as the definition of 'industrial company' in s. 2 (7) (d) of the Finance Act, 1966, is concerned their Lordship have, vide paragraph 7 of the decision, subscribed to the view taken by the Bombay High Court earlier. It is only with regard to the provisions of proviso (iii) (A) of para D, part II of Finance Act, 1966 which there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which had an independent existence and entity described as a pile, the court held that the assessee could be said to be manufacturing an article for the purpose of s. 84(2)(iii). The dispute in the case of CIT vs N.U.C. Private Ltd., on the other hand, as assumed by their Lordship was whether the assessee was an industrial company within the meaning of s. 2(7)(d) in Chapter II of the Finance Act, 1966. The business of the assessee in that case was that of constructions and repairs of buildings. In the process and for the purpose of construction and repairs, the assessee, naturally, manufactured windows, door frames and concrete beams and slabs etc. The question arose was whether the assessee was an 'industrial company'. Having regard to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tivity. No doubt, their Lordship rejected the contention of the assessee's counsel that the manufacture of goods was the main activity of the assessee in the absence of material to show the extent or activities regarding manufacturing or processing of goods which is required for the construction activity of the assessee. The observations are, thus, in a different context and for different purpose. 8. The dispute in the case before us is, it is common ground, regarding the meaning to be given to the 'industrial company' as defined in s. 2(7) (d) of the Finance Act, 1966. The Bombay High Court's decision in the case of CIT vs. N.U.C. Private Ltd. being squarely on all fours and the subsequent decision of the Bombay High Court in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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