Judgment

GOSWAMI, J.:- This appeal by the Commissioner of Income-tax, West Bengal, Calcutta, on certificate is from the judgment of the Calcutta High Court, since reported in Commissioner of Income-tax, West Bengal-I v. Indian Aluminium Co. Ltd., 88 ITR 257 = (1973 Tax LR 808) (Cal).

2. The facts appearing from the judgment are as follows :-

The Indian Aluminium Company Limited (hereinafter to be referred to as the respondent) was a manufacturer of aluminium ingots from ore. In the years prior to the assessement year 1960-61 in question the respondent had four manufacturing centres at Belur, Kalwa, Alupuram and Hirakud. In the accounting year relevant to the assessment year in question one more centre was established at Muri and there were also extensions to the existing factories at Belur and Alupuram. In the assessment year 1960-61 the respondent claimed relief under Section 15-C of the Indian Income-tax Act, 1922 (briefly the Act) in respect of the fresh capital outlay at Muri as well as of the additional investments in the form of extensions to the existing factory premises, installation of new plant and machinery etc. at Belur and Alupuram. The Income-tax Officer refused to allow