Commissioner Of Income-tax v. Buildmet Pvt. Ltd

Commissioner Of Income-tax v. Buildmet Pvt. Ltd

(High Court Of Karnataka)

Income Tax Referred Case No. 8 Of 1991 | 06-02-1992

1. Two questions, relating to the assessment year 1983-84, are required to be considered. They read thus :

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee (company) which is doing the execution of civil engineering and structural work on contract basis, is an industrial undertaking entitled to investment allowance under section 32A

2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee (company) is an industrial undertaking entitled to the deduction under section 80J "

2. The first question, it is agreed, has to be answered in the affirmative and in favour of the assessee in view of the judgment of this court in Shankar Construction Co. v. CIT The question is so answered.

3. Having regard to the answer to the first question, the second question has also to be answered in the affirmative and in favour of the assessee.

Advocate List
For Petitioner
  • Commissioner
For Respondent
  • H. Raghavendra Rao
  • Adv.
Bench
  • HON'BLE JUSTICE S.P. BHARUCHA
  • HON'BLE JUSTICE SHIVARAJ V. PATIL, JJ.
Eq Citations
  • [1993] 204 ITR 412 (KAR)
  • LQ/KarHC/1992/71
Head Note

A. Income Tax Act, 1961 — Ss. 32A and 80J — Industrial undertaking — Civil engineering and structural work on contract basis — Entitlement to investment allowance under S. 32A and deduction under S. 80J — Held, in view of Shankar Construction Co., AIR 1970 SC 1263