1977 (1) TMI 5

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....I J.--This appeal by the Commissioner of Income-tax, West Bengal, Calcutta, on certificate is from the judgment of the Calcutta High Court, since reported in Commissioner of Income-tax v. Indian Aluminium Co. Ltd. [1973] 88 ITR 257 (Cal). The facts appearing from the judgment are as follows: The Indian Aluminium Company Ltd. (hereinafter to be referred to as " the respondent ") was a manufac....

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....stant Commissioner dismissed the respondent's appeal. On appeal to the Appellate Tribunal it held that during the previous year, the production of aluminium ingots went up by double, that the additional units set up by the respondent cost over Rs. 50 lakhs at Belur and about the same figure or a little more at Alupuram, that in view of the nature of the substantial investments, it could not be sai....

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....and machineries and directing exemption to be granted under the aforesaid section accordingly ? " The High Court distinguished the decision of the same court in Commissioner of Income-tax v. Textile Machinery Corporation [1971] 80 ITR 428 (Cal) (briefly " the Textile Machinery case ") and answered the question in favour of the assessee (respondent herein). Hence, this appeal by certificate. Thi....