https://www.taxtmi.com/caselaws?id=39297 For relief under section 15C of the Indian Income-tax Act, 1922, the decisive test is whether a new unit is a distinct industrial undertaking established with substantial new plant and machinery, rather than a continuation, reconstruction, or transfer of an existing business. Manufacture of the same goods, common accounts, or later use of some old machinery are not conclusive by themselves. On the facts stated, the Cossipore factory was set up as a separate unit with substantial new machinery, and any later transfer of old machinery was only insignificant. It therefore did not fall within the exclusion in section 15C(2)(i), and relief under section 15C(1) was available. en-us Wed, 12 Feb 1975 00:00:00 +0530 Thu, 15 Apr 2010 12:50:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39297 For relief under section 15C of the Indian Income-tax Act, 1922, the decisive test is whether a new unit is a distinct industrial undertaking established with substantial new plant and machinery, rather than a continuation, reconstruction, or transfer of an existing business. Manufacture of the same goods, common accounts, or later use of some old machinery are not conclusive by themselves. On the facts stated, the Cossipore factory was set up as a separate unit with substantial new machinery, and any later transfer of old machinery was only insignificant. It therefore did not fall within the exclusion in section 15C(2)(i), and relief under section 15C(1) was available. Case-Laws Income Tax Wed, 12 Feb 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39297