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1997 (12) TMI 28

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....P. Nos.561 and 562 of 1983, dated April 16, 1984 (T.C. Nos. 295 and 296 of 1985), and T.C.P. No. 311 of 1984, dated December 10, 1984 (T.C. No. 1835 of 1986), the Income-tax Appellate Tribunal has referred the following questions of law under the provisions of section 256(2) of the Income tax Act, 1961, for our opinion: Tax Cases Nos. 295 and 296 of 1985: "1. Whether, on the facts and in the cir....

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....he Income-tax Act, l961? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in holding that the activities carried out by the assessee such as bleaching, dyeing, printing, etc., 'on cloth given by its customers would amount to manufacture or production of articles or things' as contemplated in section 32A of the Income-tax Act, 1961, as it stood for the....

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....rse of assessment years claimed initial depreciation for the assessment years l976-77 and 1977-78 and for investment allowance under the provisions of section 32A of the Income-tax Act, for the years 1976-77, 1977-78 and 1978-79. The Income-tax Officer rejected the claim of the assessee. The Commissioner of Income-tax (Appeals) accepted the claim of the assessee and the Appellate Tribunal also hel....

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....y, of the Income-tax Act, 1961 It is not disputed by Mr. S.A. Balasubramanian, learned counsel appearing for the assessee, that the facts in the case supra are similar to the facts of this case and the said decision would apply to the facts of the case as well. Following the said decision of this court, we answer the questions of law referred to us in both the tax cases in the negative and in favo....