COMMISSIONER OF INCOME TAX Vs. HINDUSTAN PENCILS LTD

JUDGEMENT

(1.) This appeal by the Revenue under section 260A of the Income-tax Act, 1961, raises the following question of law :

(2.) The submission of the Revenue is that by installing plant and machinery worth Rs. 44.62 lakhs, the assessee had commenced a new undertaking. There is a finding of fact to the contrary. The finding of the Tribunal is that though the assessee installed plant and machinery worth Rs. 44.62 lakhs during the course of the assessment year, this was together with and along side the existing plant and machinery in the same unit, at the same site and without any change in the administrative or business set up. From the findings of the Tribunal it is evident that the assessee had not set up a separate or identifiable new unit during the course of the assessment year. In that view of the matter, the order which has been passed by the Tribunal does not suffer from any error. No substantial question of law will consequently arise. The appeal is accordingly dismissed.