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Issues: Whether the assessee was entitled to relief under section 15C of the Indian Income-tax Act, 1922, in respect of the new kilns installed at its existing factories.
Analysis: Relief under section 15C is available where the newly unit is not merely an expansion or improvement of the existing business, but an integrated and independent industrial unit capable of production on its own. The new kilns were shown to work independently of the old kilns, each was supported by newly installed plant and machinery, and each had substantial additional production capacity. The fact that some common facilities or existing buildings were used did not alter the character of the new kilns as separate industrial units. The governing principle is that a new industrially recognisable unit with its own plant and machinery, and without transfer of the old business assets amounting to reconstruction, qualifies for the statutory relief.
Conclusion: The assessee was entitled to relief under section 15C, and the question was answered in the affirmative in favour of the assessee.
Ratio Decidendi: A newly installed unit within an existing industrial establishment qualifies for relief where it is an integrated, independently workable industrial undertaking created with new plant and machinery and not a mere reconstruction or expansion of the old business.