Karnataka High Court
Commissioner Of Income-Tax vs Buildmet Pvt. Ltd. on 6 February, 1992
Equivalent citations: [1993]200ITR160(KAR), [1993]200ITR160(KARN)
Author: Shivaraj V. Patil
Bench: Shivaraj V. Patil
JUDGMENT
1. Two questions, relating to the assessment year 1983-84, are required to be considered. They read thus :
"1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee (company) which is doing the execution of civil engineering and structural work on contract basis, is an industrial undertaking entitled to investment allowance under section 32A ?
2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee (company) is an industrial undertaking entitled to the deduction under section 80J ?"
2. The first question, it is agreed, has to be answered in the affirmative and in favour of the assessee in view of the judgment of this court in Shankar Construction Co. v. CIT [1991] 189 ITR 463. The question is so answered.
3. Having regard to the answer to the first question, the second question has also to be answered in the affirmative and in favour of the assessee.