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1984 Supreme(AP) 280

Andhra Pradesh High Court
Judges : A.RAGHUVIR, G.RAMANUJULU NAIDU
Commissioner of Income Tax - Appellant
Versus
Uni Sankyo Ltd. - Respondent
Decided On : 08-07-84

Important Points

Relief under section 80j can be given for the entire period of 12 months irrespective of the actual period of working.

Subject

Taxation Law - Income Tax Relief

Act Referred

INCOME TAX ACT : S.80(j), S.84

Headnote

section 80j - relief for entire period of 12 months

Fact of the Case:

The court was asked to decide whether relief under section 80j can be given for the entire period of 12 months irrespective of the actual period of working.

Finding of the Court:

The court concluded that the relief under section 80j can be given for the entire period of 12 months, following a previous decision on the same issue.

Issues: Interpretation of relief under section 80j

Ratio Decidendi: The court's decision was influenced by a previous decision on the same issue, which established the interpretation of the relief under section 80j.

Final Decision: The court answered the question in the affirmative and in favor of the assessee, without ordering any costs.

( 1 ) THE following question was referred for the decision of the court :"whether, on the facts and in the circumstances of the case, the relief under section 80j can be given for the entire period of 12 months irrespective of the actual period of working, viz. one and a half months ?"

( 2 ) THE question referred to this court for its opinion is concluded by the decision of this court dated 17/07/1984, rendered in R. C. No. 247 of 1978 (CIT v. Warner Hindustan Ltd.- see below ). Following the said decision, the question is answered in the affirmative and in favour of the assessee and against the Revenue. We, however, make no order as to costs.

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