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Commissioner of Income Tax Vs. Shiv NaraIn Karmendra Narain. - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtAllahabad High Court
Decided On
Case NumberI.T.R. No. 287 of 1975
Reported in(1978)7CTR(All)0309A
AppellantCommissioner of Income Tax
RespondentShiv NaraIn Karmendra Narain.
Excerpt:
- interpretation of statutes definition clause: [markandey katju & h.l. dattu, jj] meaning given to an expression in one statute cannot be applied to another statute......tax reference no. 487 of 1973 inter partes, a bench of this court answered the question in the affirmative in favour of the assessee and against the department. since the facts are identical, following the aforesaid decisions we answer the question referred to us in the present case in the affirmative in favour of the assessee and against the department. the assessee will be entitled to costs which are assessed at rs. 200/-.
Judgment:

Satish Chandra, C.J. - The question referred to us is whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in holding that solvent plant represented new Industrial Undertakings qualified for exemption under S. 84(1) of the Income Tax Act, 1961. This question has been referred in respect of the assessment years 1962-63 and 1963-64. For the assessment years 1959-60 and 1960-61 the Tribunal had referred this identical question to this Court. In Income Tax Reference No. 487 of 1973 inter partes, a Bench of this Court answered the question in the affirmative in favour of the assessee and against the Department. Since the facts are identical, following the aforesaid decisions we answer the question referred to us in the present case in the affirmative in favour of the assessee and against the department. The assessee will be entitled to costs which are assessed at Rs. 200/-.


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