COMMISSIONER OF WEALTH TAX Vs. LAKSHMI K

JUDGEMENT

(1.) ALL these tax cases concern the construction of s. 5(1)(xxxii) of the W.T. Act, 1957; indeed, the question referred is the same in all these cases. It is advantageous to examine s. 5(1)(xxxii) of the W.T. Act and to understand its cope before applying the same on various sets of facts as disclosed in all these cases. The relevant part of s. 5(1)(xxxii) with which we are concerned in all these cases reads as follows :

(2.) THE expression "in the business" is attributable only to generation or distribution of electricity or any other form of power but not to the subsequent clauses referred to in the section. THErefor, the word "business" is not attributable to the manufacture or processing of goods referred to in the Explanation.

(3.) WITH reference to the citations, viz., Addl. CIT v. A. Mukherjee and Co. (P.) Ltd. , Orient Longman Ltd. v. CIT [1981] 130 ITR 477 (Delhi) and CWT v. Smt. Premlatabai , they relate to the publication of books. In our view, the manufacture or processing involved in the publication of books are peculiar and, therefore it is not safe to look for guidance to the principles laid down therein. We, therefore exclude from our consideration the above citations.