COMMISSIONER OF INCOME TAX Vs. ANGLO FRENCH TEXTILES

JUDGEMENT

(1.) THESE tax case references, at the instance of the Revenue, under sections 256(1) and 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), are dealt with together as they relate to the same assessee, though for different assessment years and common questions also arise for decision.

(2.) THE circumstances leading up to the reference in T. C. Nos. 1058 to 1061 of 1979 may first be stated :

(3.) THAT takes us on to a consideration of the availability to the assessee of the benefit of the concession provided in paragraph 8 of the Concessions Order in respect of the assessment years 1964-65 to 1969-70. On this question, though the two Appellate Assistant Commissioners who had dealt with the appeals in respect of the assessment years 1964-65 to 1969-70 have differed, the Tribunal had stated that the assessee would be entitled to the benefit of paragraph 8 of the Concession Order as, in its view, there is no restriction whatever with regard to the availability of the concession to so much of the income of the assessee included in its total income, in paragraph 3 (1) (i) (a) of the Concessions Order. We may now refer to paragraph 3(1) of the Concessions Order, which runs as follows :