LAWS(MAD)-1986-3-40

COMMISSIONER OF WEALTH TAX Vs. V O MARKOSE

Decided On March 06, 1986
COMMISSIONER OF WEALTH TAX Appellant
V/S
V. O. MARKOSE Respondents

JUDGEMENT

(1.) THE question, which is referred to this court under section 27 (3) of the Wealth-tax Act, 1957, reads as follows. "whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the bleaching of grey yarn amounts to processing work of an industrial undertaking, when the basic work of bleaching itself was done by others for cooly, within the meaning of the Explanation to section 5 (1) (xxxi) of the Wealth-tax Act, 1957" *

(2.) IT is necessary to point out that when the Tribunal was directed to refer the above question, this court also required the Tribunal to point out the extent of the work done by the assessee and work which it had got done by other agencies so as to enable the question be decided. When the Tribunal submitted the statement of the case, the Tribunal pointed out that the assessee was a partner in two firms, namely, M/s. Onni Chettiar and Sons and M/s. Ajantha Bleaching and Dyeing Works and that Messrs. Onni Chettiar and sons only purchased grey yarn and got it bleached for cooly by M/s. Ajantha Bleaching & Dyeing Works.