2002 (2) TMI 63

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....1, the Tribunal has referred the following question for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that since the relief under section 80J of the Income-tax Act, 1961, in respect of the new industrial undertaking had been allowed to the assessee in the initial assessment year, the Income-tax Officer was not entit....

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....Tribunal Decisions May 3, 1982, Volume I, Part II, page 82, and allowed the claim of the assessee. In appeal before the Tribunal, the Tribunal has considered the decision of the Gujarat High Court in the case of Saurashtra Cement and Chemical Industries Ltd. v. CIT [1980] 123 ITR 669, wherein the Gujarat High Court has taken the view that the Income-tax Officer was not justified in refusing to ....

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....nt provision of clause (iv) of sub-section (4) of section 80J reads as under: "in a case where the industrial undertaking manufactures or produces articles, the undertaking employs ten or more workers in a manufacturing process carried on with the aid of power, or employs twenty or more workers in a manufacturing process carried on without the aid of power." A plain reading of the provisions....