1997 (7) TMI 96

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....ed by SYED SHAH MOHD. QUADRI J.--In this reference under section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue, the following question is referred to this court for opinion which relates to the assessment years 1982-83 and 1983-84. "Whether, on the facts and circumstances of the case, the Appellate Tribunal was justified in holding that the assessee is entitled to invest....

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.... On appeal by the assessee, the Commissioner (Appeals) upheld the view of the Income-tax Officer. On further appeal to the Income-tax Appellate Tribunal, it took the view that the assessee is not (sic) carrying on any manufacturing work and, therefore, it is not (sic) an industrial company. It is not in dispute that if the assessee-company is an industrial company it is entitled to the allowanc....