1995 (3) TMI 173

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....46/88-89 dt. 9th Jan., 1991 for asst. yr. 1985-86. The only ground raised in this appeal is as under: "On the facts and in the circumstances of the case, the learned CIT(A) has erred in holding that assessee company is an industrial company and entitled to concessional rate of tax ignoring the fact that assessee-company was engaged in trading activity and not in any manufacturing activity as es....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....scellaneous items which were purely of trading nature. The over-all picture, therefore, in the opinion of the AO, revealed that trading activity was predominant during the year and hence treated the assessee as a trading company for the purpose of taxation. 3. The learned CIT(A), however, after scrutinising the factual position in detail, gave a finding that the assessee has manufactured metali....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ted to the decision of the Delhi Bench of the Tribunal in the case of Jackson Engineers Pvt. Ltd. vs. ITO (1989) Taxation 95(4)-153, wherein it was held that even if all the components are purchased and then assembled to give a different product, the assessee would be treated as an industrial company. 5. In the instant case the assembling activity carried out by the assessee is not disputed at ....