2001 (4) TMI 59

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....instance of the Revenue, the following question has been referred for the opinion of this court under section 256(1) of the Income-tax Act, 1961 (in short "the Act") by the Income-tax Appellate Tribunal, Delhi Bench-C ("the Tribunal", in short): "Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the assessee was an industrial undertaking ....

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.... Commissioner of Income-tax (Appeals) ("the CIT(A)", in short), however, held that the assessee was producing garments manufactured from cloth and the unit for producing garments was an industrial undertaking within the meaning of section 80J of the Act. The matter was carried in appeal before the Tribunal by the Revenue. The Tribunal referred to some earlier judgments rendered by it and held that....