1100885.
1771334 and against the basic rate of 80 per cent the assessee claimed rebate at the rate of 35 per cent up to rs.
rejected by the income tax officer.
1000000 and at 20 per cent on the balance.
the assessee also claimed benefit under s. 80 e inserted by the finance act 1966 with effect from 1 april 1966 to the extent of the income determined by the income tax officer at rs.8 17485 received from the manu facture of strawboard.
for the assessment years 1965 66 1966 67 and 1967 68 the relevant previous years being the respective calendar years 1964 1965 and 1966 the assessee claimed companycessional rates of income tax development rebate at higher rate and deduction under s. 80 e of the income tax act 1961 on the ground that the manufacture of strawboard was a priority industry.
the income tax officer allowed the rebate at 30 per cent up to rs.
the assessee claimed relief under s. 80 e to the extent of rs.750316 received as income from the manufacture of strawboard.
1000000 and on the balance at 26 per cent.
from the judgment and order dated 9.5.1974 of the punjab and haryana high companyrt in i.t.
the income tax officer took the view that the manufacture of strawboard was number companyered by the words paper and pulp in the rele vant schedules pertaining to the assessment 1966 67 and 1967 68.
30 to 32 of 1973.
civil appellate jurisdiction civil appeal number 5 19521 of 1975.
the assessee appeared to the appellate assistant companymis sioner of income tax in respect of the three assessments but the appeals were dismissed.
for the assessment year 1965 66 the total income assessed was rs.
for the assessment year 1966 67 the assessee claimed development rebate under s. 33 of the income tax act at the rate of 25 per cent on the value of the machinery installed after 1 april 1965 worth rs.34287 but rebate was allowed at 20 per cent only.
this industry is mentioned at item number 16 in the fifth schedule to the income tax act as sub stituted by the finance act 1965.
reference number.
a. subhashini and k.c.
the assessee manufactures strawboard.
this claim was similarly rejected by the income tax officer on the ground that the assessee could number be described as a priority industry.
the judgment of the companyrt was delivered by pathak cj.
in second appeals filed in all the three cases the assessees plea that the manufac ture of strawboard was a priority industry was accepted and the appellate tribunal held that the assessee was entitled to the statutory rebates claimed by it.
chitale r.k.
the claim of the assessee was.
these appeals by special leave are directed against a judgment of the high companyrt of punjab and haryana disposing of an income tax reference in favour of the re spondent assessee.
abha jain for the respondent.
jain rakesh khanna and ms.
at the instance of the revenue the tribunal referred the following questions to the high companyrt for its opinion assessment year 1965 66 whether on the facts and in the circumstances of the case the appellate tribunal was right in law in holding that strawboard is companyered by the term paper and pulp appearing in paragraph f of part i read with part iii of the first schedule to the finance act 1965 act number x of 1965 ?
for the assessment year 1967 68 the total income of the assessee was determined at rs.
c. sharma ms.
dua for the appellant.
