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Commissioner Of Income-Tax (Central) ... vs Buhari Sons Pvt. Ltd. on 27 April, 1983

6. As far as the decision of this Court in C.I.T. v. BUHARI SONS PVT. LTD. (144 ITR 12), which has been relied upon by the assessing officer to initiate rectification proceedings is concerned, the case dealt with the definition, 'industrial company' within the meaning of section 2(7)(d) of the Finance Act, 1986. Though this Court has dealt with the case of a hotel, this Court was not considering the question whether the said hotel should be treated as a trading company or a non-trading company, and hence, the decision of this Court in Buhari Sons Pvt. Ltd. case has no application to the facts of the case. We have also gone through the Finance Act, 1986 and in the classification of companies, 'trading company' finds a place and we do not find any classification as an 'industrial company'. Therefore the decision of this Court in Buhari Sons Pvt. Ltd. has no application.
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