1997 (10) TMI 45

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....bunal referred the following question relating to the assessment year 1975-76 under section 256(1) of the Income-tax Act, 1961 (briefly, the Act), for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to the deduction under section 80J on the capital employed in the two new chambers added ....

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....bers. The assessee, however, claimed that there were two separate electric connections and power meters for the existing cold storage and the two newly constructed additional chambers. The Commissioner of Income-tax (Appeals) called for a remand report from the Income-tax Officer. The Income-tax Officer while submitting the remand report, conceded "that the existing cold storage and the two ....

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....f the two newly added chambers. The Commissioner of Income-tax (Appeals) on a perusal of the remand report held that "the requirement of 10 or more persons being employed in the newly established industrial undertaking applied to only those industrial undertakings, which manufacture or produce articles and not a cold storage." He, therefore, held that the claim of deduction under section 80J on....