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1977 Supreme(Cal) 316

DEB, C.K.BANERJEE
ADDL. COMMISSIONER OF INCOME-TAX – Appellant
Versus
A. MUKHERJEE AND CO. (P. ) LTD. – Respondent


Advocates Appeared:
B.K.Bagchi, Manas Banerjee

DEB, J.

( 1 ) THE Income-tax Appellate Tribunal has referred the following question of law to this court under Section 256 (1) of the Income-tax Act, 1961 :" Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was mainly engaged in the manufacture or processing of goods ? "

( 2 ) IN the assessment year under reference the Income-tax Officer did not deal with the assessee's claim that it was a manufacturer or a processor of goods. Therefore, the assessee asked the Income-tax Officer to rectify the orders under Section 154 of the Act and to consider whether the assessee as manufacturer or processor of goods was entitled to be taxed at a concessional rate. The Income-tax Officer rejected the application which was, however, allowed by the Appellate Assistant Commissioner who directed the Income-tax Officer to grant relief under Section 154 of the Act". The department then filed appeal which was dismissed by the Tribunal in the following terms :" The assessee is a publisher of books. The assessee's job is to get the manuscript for publication, hit upon a suitable format for the book, get it printed as per its requirements unde












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