1990 (8) TMI 68

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....stions as questions of law by way of this notice of motion. The question are : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in ignoring rule 19A and in interpreting the expression 'capital employed in the industrial undertaking' occurring in section 80J of the Income-tax Act, 1961, to mean the total value of the assets of the new industrial undert....

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....holding that the gross value of the assets of the industrial undertaking without deducting therefrom any sum by way of liabilities should be taken as the 'capital employed' in the new industrial undertaking ?" It appears that the Tribunal passed its appellate order in Income-tax Appeals Nos. 2338 and 2762 (Bom) of 1980 on September 7, 1982. Thereafter, the Department filed an application for rect....