1982 (1) TMI 81

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....appeal against the order dt. 27th Dec., 1979 for the 1st ITO BSD(S), Bombay, passed in the asst. yr. 1977-78. 2. The relevant facts, in brief are that the assessee is a registered firm. The previous year relevant for the asst. yr. 1977-78ended on 30th June, 1976. The assessee carried on the business of processing of scrap material on behalf of M/s Nathani Steel Pvt. Ltd.  The ITO found tha....

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....ne under the direct supervision of the company, the workers engaged by the company; that the raw material consumed in the manufacturing process also was of the said Private Limited Company; that during the relevant accounting period, the assessee-firm had not executed any other work, other than processing of scrap material of M/s Nathani Steel Pvt. Ltd. He, therefore, on these reasons and facts of....

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.... for deduction under s. 80J of the Act, has preferred this appeal.  Shri Joy, ld. Deptl. Rep. contends that on the facts and in the circumstances of the case, the CIT(A) erred in holding that the assessee-firm is entitled to deduction under s. 80J of the Act. He relies on s. 80J of the Act and the order of the ITO.  On the other hand, Shri Bapat, ld. Counsel for the assessee, contends th....

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....claim of the assessee.  Thus, to solve the proposition, we have to see the provisions of s. 80J(4)(iv) of the Act, which is relevant for the purpose, and the same is reproduced hereinafter: "Sec. 80J (4)(iv) : In a case where the industrial undertaking manufactures or produces articles, the undertaking employs ten or more workers in a manufacturing process carried on with the aid of power,....