1996 (4) TMI 38

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....ARI J.---At the instance of the Department (Commissioner of Income-tax, Bhopal), the Tribunal has stated the case and referred the undernoted question labelling it as one of law under section 256(1) of the Income-tax Act, 1961 (for short "the Act"), arising out of the order dated July 13, 1992, passed in I.T.A. No. 383/Ind. of 1987 for the assessment year 1982-83 for our consideration and opinion ....

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....v. ITO [1990] 32 ITD 540 (Delhi). The Department then filed the aforesaid appeal before the Tribunal which was dismissed on July 13, 1992. Aggrieved, the Department filed the application under section 256(1) of the Act. The Tribunal on this application stated the case and referred the aforesaid question of law for our consideration and opinion. We have heard Shri D. D. Vyas, learned counsel for....

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....usiness of construction, manufacture or production of any article or thing not being an article or thing specified in the list in the Eleventh Schedule. There is no dispute that 'data processing' or 'computer' is not mentioned in the Eleventh Schedule. If, as held by the Division Bench in Peerless Consultancy Services (Pvt.) Ltd. [1990] 186 ITR 609 (Cal), the assessee-company is an industrial comp....

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....he result derived. It is different in form and substance. We are, therefore, of the view that the computer division is an industrial undertaking which satisfied the conditions mentioned in section 32A(2)(b)(iii) of the Income-tax Act, 1961. " In view of the aforesaid decision resting on identical facts and situation, we conclude that the Tribunal was justified in not treating the computer as....