1984 (8) TMI 15

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.... SHETTY J. -The following question under section 256(1) of the Income -tax Act, has been referred: "Whether in view of the earlier order of the Tribunal, the Income-tax Officer having found the facts stated therein to be correct, had no jurisdiction to disallow the relief under section 80J in respect of Goliath Screw Caps manufacturing unit ?" The assessee-company, which had been set up to m....

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.... are of the view that the assessee, as regards the manufacture of Goliath Screw Caps, would be an industrial undertaking different from the industrial undertaking which manufactured the metal lamp caps and which enjoyed the benefits of section 80J. It would appear that the conditions prescribed in sub-section (4) of section 80J will be satisfied as regards this new industrial undertaking also. So ....

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....o claim the benefit of section 80J. That question, according to the Appellate Assistant Commissioner, was concluded by the earlier order of the Tribunal and the only facts to be verified by the Incometax Officer were: (1) whether, Goliath Screw Caps was an entirely new item unconnected with the old item manufactured by the assessee, (2) whether new machinery had been purchased and used for that pu....