A reference application made by the Commissioner of Income Tax to the High Court was rejected on the same ground.The application made by the Commissioner of Tax for reference of the question whether the respondent was an industrial Company in terms of the definitions referred to earlier was rejected by the Income lax Appellate Tribunal on the ground that the question was one of the fact and number law.
S. Pathak, J. The Income tax Appellate Tribunal held in appeals filed by the respondent assessee relating to the assessment for the assessment years 1968 69, 1969 70, 1970 71 that in as much as the respondent supplied companyl, filtered and chilled air through air companyditioning apparatus to the lessees in the building under companysideration, it was an Industrial Company within the meaning of Section 2 6 d of the Finance Act, 1968 and Section 2 6 c of the Finance Acts, 1969 and 1970, as it companyld be said to have engaged in the manufacture or processing of goods and therefore, the rate of tax applicable to the respondent was 55 and number at the rate of 65.
