1982 (1) TMI 81

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..... d in the asst. yr. 1977-78. 2. The relevant facts, in brief are that the assessee is a registered firm. The previous year relevant for the asst. yr. 1977-78ended on 30th June, 1976. The assessee carried on the business of processing of scrap material on behalf of M/s Nathani Steel Pvt. Ltd. The ITO found that as per the agreement entered between the firm and M/s Nathani Steel Pvt. Ltd. The ass .....

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..... t the raw material consumed in the manufacturing process also was of the said Private Limited Company; that during the relevant accounting period, the assessee-firm had not executed any other work, other than processing of scrap material of M/s Nathani Steel Pvt. Ltd. He, therefore, on these reasons and facts of the case, disallowed the claim for deduction under s. 80J of the Act, amounting to Rs. .....

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..... . Rep. contends that on the facts and in the circumstances of the case, the CIT(A) erred in holding that the assessee-firm is entitled to deduction under s. 80J of the Act. He relies on s. 80J of the Act and the order of the ITO. On the other hand, Shri Bapat, ld. Counsel for the assessee, contends that the impugned order is justified and he relies on the order of the CIT(A) and the paper book co .....

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..... of the Act, which is relevant for the purpose, and the same is reproduced hereinafter: "Sec. 80J (4)(iv) : In a case where the industrial undertaking manufactures or produces articles, the undertaking employs ten or more workers in a manufacturing process carried on with the aid of power, or employs twenty or more workers in a manufacturing process carried without the aid of power." It is a .....

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..... is immaterial for th relief sought for by the assessee in the case. Accordingly, we hold that both the conditions prescribed for the relief sought for are satisfied by the assessee, and as such, we hold that the assessee is entitled to the relief. The CIT (A) has acted accordingly. Hence, we confirm his order on the issue. 6. In the result, the appeal is dismissed. - - TaxTMI - TMITax - I .....

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