COMMISSIONER OF INCOME TAX Vs. NATIONAL LAMINATION INDUSTRIES

JUDGEMENT

(1.) IT is an accepted position between the parties that though orders of admission are made on different dates, the following common question has been formulated as a substantial question of law: "whether on the facts and circumstances of the case and in law was the Appellate Tribunal right in holding that assessee is engaged in manufacturing article or thing and is entitled to deduction u/s. 80ib of the Income-tax Act, 1961 though assessee failed to fulfill the condition laid down u/s. 80ib (2) (ii) of the Act?"

(2.) IT is also an accepted position between the parties that reference to Clause (ii) of Sub-section (2) of Section 80ib is erroneous and the correct clause should be Clause (iii) of Sub-section (2) of Section 80ib.

(3.) IT is not necessary to enter into any discussion on merits of the controversy in light of the order of even date made in Tax Appeal No. 363 of 2008 in case of THE COMMISSIONER OF INCOME TAX - (Appellant) Versus ALFA LAMINATION (Opponent) wherein, this Court has held that no substantial question of law arises in the facts of the case. The same order shall apply to all these appeals considering the fact that the Tribunal's order is common in relation to most of the appeals, while in some of the appeals, a different common order of Tribunal has been made following this earlier order, wherein, majority opinion has been recorded.