High Court Of Delhi
CIT vs. Metal Forgings (P) Ltd.
Section 80J
Asst. Year 1974-75
Arijit Pasayat, C.J. & D.K. Jain, J.
IT Ref. No. 252 of 1983
3rd September, 2001
Counsel Appeared : Ajay Jha, for the Petitoner
JUDGMENT
BY THE COURT :
At the instance of the Revenue, following question has been referred for opinion of this Court under s. 256(1) of the IT Act, 1961 (in short the ‘Act’) by the Income-tax Appellate Tribunal, Delhi Bench ‘D’ (in short ‘Tribunal’) :
“Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in not directing the ITO to work out the deduction under s. 80J in accordance with said section as amended by s. 17 of the Finance (No. 2) Act, 1980?”
The dispute relates to the asst. yr. 1974-75 and while dealing with the question of deduction in terms of s. 80J of the Act, the Tribunal referred to its earlier decision in the assessee’s own case for the asst. yr. 1973-74 and granted the relief.
In CIT vs. Metal Forging (P) Ltd. (IT Ref. No. 211 of 1983), one of the questions related to application of s. 80J. Following the views expressed by the apex Court in Lohia Machines Ltd. & Anr. vs. Union of India & Ors. (1985) 44 CTR (SC) 328 : (1985) 152 ITR 308 (SC) : TC 25R.910 and in view of the decision of this Court, which we have given in IT Ref. No. 211 of 1983, the answer to the question referred is in the negative, in favour of the Revenue and against the assessee.
Reference is disposed of accordingly.
[Citation : 254 ITR 401]