TaxTMI 
TaxTMI 
1997 (1) TMI 42
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.... Department, the Tribunal referred the following question of law for the opinion of this court under section 256(2) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the business of the firm in which the assessee is a partner, would constitute an undertaking engaged in the distribution of power and accordingly th....
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....ertaking engaged in the business of generation or distribution of electricity or any other form of power and that the firm is only carrying on a trading activity in purchasing and selling gas cylinders and that, therefore, the assessee is not entitled to exemption. On appeal, the Appellate Assistant Commissioner confirmed the order passed by the Wealth-tax Officer. Aggrieved, the assessee filed....
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....rds "fuel" and "power" as given in Collins Cobuild English Language Dictionary, Indian Print of the year 1991, wherein at page 58, the word "fuel" is defined as something such as wood, coal, oil or petrol that is burned in order to provide heat or power. In the said dictionary at page 1123, "power" is defined as energy that is obtained by burning fuel or by using wind or sun, especially when it is....
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....asmuch as gas was distributed through cylinders, it would amount to distribution of power through containers and, therefore, the business of the firm in which the assessee is a partner would constitute an undertaking engaged in the distribution of power. We have heard learned standing counsel for the Department as well as learned counsel for the assessee. The point for consideration is, whether....