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1982 Supreme(Cal) 11

SABYASACHI MUKHARJEE, SUHAS C.SEN
JEEWANLAL (1929) LTD. – Appellant
Versus
COMMISSIONER OF INCOME-TAX – Respondent


Advocates Appeared:
B.K.Bagchi, Debi Pal, MANISHA SEAL, S.K.CHAKRABORTY

SABYASACHI MUKHARJI, J.

( 1 ) IN this reference under Section 256 (1) of the I. T. Act, 1961, we are concerned with two years, viz. , assessment years 1967-68 and 1968-69. For the assessment year 1967-68 the following two questions, apart from one question for both these years to which we shall refer, have been referred to us :"1. Whether, on the proper interpretation of entry (2) of the Fifth Schedule to the Income-tax Act, 1961, the Tribunal was right in holding that the expression 'aluminium' occurring therein denoted merely the 'aluminium metal and not aluminium articles ? 2. Whether, on the facts and in the circumstances of the case, and on a proper interpretation of Section 80e read with entry (2) of the Fifth Schedule to the Income-tax Act, 1961, the Tribunal was justified in holding that the business of manufacture and sale of aluminium articles could not be considered as priority industry within the meaning of the said provision of the said Act and that the assessee-company was not entitled to relief under Section 80e of the said Act ?"

( 2 ) FOR the assessment year 1968-69 also, the following two questions have been referred to us :"1. Whether, on the proper interpretati




















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