2001 (12) TMI 43

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....s appeal has been filed against the order dated July 31, 2000, passed by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati, in I.T.A. Nos. 501/Gauhati of 1997 and 276/Gauhati of 1998 for the assessment years 1992-93 and 1993-94. The question which arose before the Tribunal was that whether the assessee is entitled to claim allowance under sections 801-IH and 80-I of the Income-tax Act,....

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....rticle must emerge having a distinctive name, character or use." On the other hand, Mr. Bhuyan, the learned advocate for the appellant, with his usual fairness and magnanimity produced before us a Division Bench decision of the Calcutta High Court reported in CIT v. Shaw Wallace and Co. Ltd. [1993] 201 ITR 17, wherein it was held as follows with regard to the computer: "In our view, having r....

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....b)(iii) of the Income-tax Act, 1961." We respectfully agree with the judgment of the Division Bench and we hold that computer if it is used for the purposes as mentioned in the judgment certainly it will be an industrial undertaking and in such a situation it will be entitled to claim deduction. The following are the substantial questions of law which were framed: "(i) Whether, on the facts ....

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....61. Of course, there is a provision of sub-section (5) which is quoted below: "(5) Where the assessee is a person other than a company or a co-operative society, the deduction under sub-section (1) shall not be admissible unless the accounts of the industrial undertaking or the business of the hotel for the previous year relevant to the assessment year for which the deduction is claimed have be....