Chennai Court April 1980 Judgments
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Commissioner of Income-tax, Tamil Nadu-ii Vs. Ambur Co-operative Sugar ...
Court: Chennai
Decided on: Apr-02-1980
Reported in: [1981]127ITR495(Mad)
The Judgment of the Court was delivered byVENUGOPAL J. - The assessee owned a sugar mill, which had a capacity to cursh 800 metric tonnes of sugarcane per day. In the relevant accounting year, the assessee installed a second unit having a capacity of 450 metric tonnes per day. The assessee claimed relief under s. 80J of the I.T. Act, 1961. The ITO negatived the claim for relief on the ground that the plant and machinery cannot be considered as an independent unit, as it was admitted by the chief accountant of the assessee that the unit has to work with the help of crystallisers and pans of the already existing unit. On appeal, the AAC held that even though the installation of the second unit entailed on outlay of over Rs. 45 lakhs, it cannot be stated that it brought into existence an entirely new or independent undertaking and there was only an expansion, perhaps a substantial expansion, of the existing industrial undertaking and the assesssee was not entitled to s. 80J relief. There ...
Commissioner of Income-tax, Tamil Nadu-v Vs. Bluemount Ceramics Ltd.
Court: Chennai
Decided on: Apr-01-1980
Reported in: (1980)18CTR(Mad)1; [1980]123ITR385(Mad)
Venugopal, J. 1. The assessee is private limited company carrying on business of manufacture and sale of insulators for electrical industries. The production was commenced in the year 1968. For the assessment year 1972-73, the assessee filed a return disclosing an income of Rs. 1,55,211. The assessee claimed relief under s. 80J amounting to Rs. 1,38,190. The sum of Rs. 1,38,190 was made up of Rs. 48,783, relatable to the assessment year 1969-70, Rs. 44,222, relatable to the assessment year 1970-71 and Rs. 50,024, relatable to the assessment year 1971-72. The ITO allowed a deduction of Rs. 51,389 under s. 80J, relatable to assessment year 1972-73. Section 80J relief claimed for the assessment years 1969-70, 1970-71 and 1971-72 was not allowed by the ITO on the ground that the necessary particulars for claiming the relief under s. 80J were not furnished by the assessee and as s. 80J relief had not been quantified for the assessment years 1969-70 to 1971-72, it cannot be allowed as a dedu...
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