ANIL METAL INDUSTRIES Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is an income -tax reference under section 256(1) of the Income Tax Act, 1961. In which the following question has been referred to us for our opinion : 'Whether, on the facts and in the circumstances of the case, the assessee is entitled to relief under section 80J of the Income Tax Act, 1961 in respect of borrowed capital having regard to the provisions of section 80J as amended by Finance Act (No. 2) of 1980 ?'

(2.) THE assessee is a firm and the relevant assessment year is 1979 -80, The petitioner filed a return claiming the benefit under section 80J of the Income Tax Act and the question involved is whether borrowed capital is to be included in the total capital employed by the assessee for getting relief under section 80J of the Income Tax Act. It has been held in Lohia Machines Ltd. v. Union of India : [1985]152ITR308(SC) that borrowed capital cannot be included in the self -employed capital for getting relief under section 80J.