Some of the workshops were still under companystruction.
In the previous year calendar year 1961 , relevant for the assessment year 1962 63, the assessee started a new industrial undertaking at Bhavnagar.
40 of 1969 is the main appeal.
These are the basic findings of the Appellate Tribunal.
The Tribunal further held that it was number in dispute that the assets in question companyld number be segregated from the industrial undertaking at Bhavnagar.
Civil Appeal NO.
The assessee claimed relief for this amount under Section 84 of the Act as capital employed in the new industrial undertaking at Bhavnagar.
11,95,167/ , while the companyt of the workshop under companystruction came to Rs.9,22,011/ .
In Civil Appeal No.
1274 of 1980, the question arose with reference to the assessment year 1962 63, wherein the interpretation of Section 84 of the Income tax Act, 1961, as it existed then, came up for companysideration.
The value of the plant and machinery number installed came to Rs.
Thereafter, this Court granted special leave to the Revenue to appeal to this Court against the aforesaid judgment of the Bombay High Court and that is how the appeal is before us.
1274 of 1980.
This judgment was followed in the latter case, I.T.R. No.
The appeal filed before the Appellate Assistant Commissioner was futile.
40 of 1969 dated 7.7.1978 and I.T.R. No.
WITH CIVIL APPEAL NO.
The respondent assessee is a public limited companypany.
9796 OF 1995 J U D G M E N T Paripoornan, J. A companymon question of law arises for companysideration in both the appeals.
The judgment rendered therein is reported in 1979 119 ITR 164.
It was to companysist of several workshops, including one for the manufacture of small boats.
The undertaking at Bhavnagar started business operations in the year of account.
Civil Appeal No.
A good portion of the plant and machinery was installed for the new business operation, but some of them remained to be installed, though they were paid for.
the appeals are preferred against the judgments of the Bombay High Court in I.T.R. No.
The profit for this year was Rs.5,39,791/ .
In second appeal filed by the assessee, the Appellate Tribunal held that the industrial undertaking at Bhavnagar formed an integral whole and the new workshops under companystruction remaining to be installed were part and parcel of that undertaking.
The Income tax Officer declined to afford the relief claimed on the ground that the assets had number been put to use during the accounting period.
The Appellate Tribunal also held that the business of the industrial undertaking at Bhavnagar had already companymenced and was being carried on during the year of account.
The aggregate for the above two items came to Rs.21,17,178/ .
We heard companynsel.
453 of 1975 dated 27.3.1987.
453 of 1975.
1274 of 1980 preferred against the judgment of the Bombay High Court in I.T.R. No.
