Cit vs Puri Constructions Ltd.
2007 Latest Caselaw 629 Del

Citation : 2007 Latest Caselaw 629 Del
Judgement Date : 21 March, 2007

Delhi High Court

Cit vs Puri Constructions Ltd. on 21 March, 2007

Bench: M B Lokur, V Gupta

ORDER

1. The following question of law has been referred for our opinion:

Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was not justified in law in holding that the assessed-company was an industrial company and in further directing the Income Tax Officer to allow the claim under Section 32A provided other conditions laid down in that section were satisfied?

2. We find that the assessed-company is a construction company. In view a of the decision rendered in CIT v. N. C. Bhudharaja & Co. the issue is no longer res Integra and it must, therefore, be held that the assessed is not an industrial company.

3. Accordingly, the question is answered in the affirmative, in favor of the revenue and against the assessed.

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