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    <title>2001 (2) TMI 32 - CALCUTTA High Court</title>
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    <description>Whether the assessee qualified as an &quot;industrial undertaking&quot; for investment allowance under s. 32A, and consequentially whether the Tribunal was justified in treating the Revenue&#039;s appeals as infructuous after holding the s. 263 revision order bad in law, was decided by holding that mining/production of coal constitutes an article-producing activity ordinarily falling within &quot;industrial undertaking,&quot; with no distinguishing facts shown to exclude it; the presence of a transport business was irrelevant since, on the principle in Shaan Finance, ownership of the machinery and its use for production sufficed even if used by a lessee or only in one segment of the business. The Tribunal&#039;s approach stood affirmed and all questions were answered in favour of the assessee.</description>
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    <pubDate>Wed, 21 Feb 2001 00:00:00 +0530</pubDate>
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      <title>2001 (2) TMI 32 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=12976</link>
      <description>Whether the assessee qualified as an &quot;industrial undertaking&quot; for investment allowance under s. 32A, and consequentially whether the Tribunal was justified in treating the Revenue&#039;s appeals as infructuous after holding the s. 263 revision order bad in law, was decided by holding that mining/production of coal constitutes an article-producing activity ordinarily falling within &quot;industrial undertaking,&quot; with no distinguishing facts shown to exclude it; the presence of a transport business was irrelevant since, on the principle in Shaan Finance, ownership of the machinery and its use for production sufficed even if used by a lessee or only in one segment of the business. The Tribunal&#039;s approach stood affirmed and all questions were answered in favour of the assessee.</description>
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      <pubDate>Wed, 21 Feb 2001 00:00:00 +0530</pubDate>
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