LAWS(CAL)-1980-7-14

COMMISSIONER OF INCOME TAX Vs. CENTURY ENKA LTD

Decided On July 22, 1980
COMMISSIONER OF INCOME-TAX Appellant
V/S
CENTURY ENKA LTD. Respondents

JUDGEMENT

(1.) In this reference, under Section 256(1) of the I.T. Act, 1961, for the assessment years 1971-72 and 1972-73, the following questions have been referred to this court:

(2.) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that nylon was petrochemical within the meaning of item (18) of the Vth Schedule to the Income-tax Act, 1961, and that the assessee was entitled to higher development rebate in respect of plant and machinery installed for the production of nylon for the assessment years 1971-72 and 1972-73 ?"

(3.) In these circumstances, the ITO held that the liability had not accrued or become ascertained during the relevant accounting year. The AAC, on the other hand, accepted the contention of the assessee and allowed these two sums as deduction.