Law:

Section:

JUDGMENT Masud, J.-In this reference under section 66(2) of the Indian Income-tax Act, 1922, the following question has been referred to this court: "Whether, on the facts found by the Tribunal or on record and in the circumstances of the case, the Tribunal was justified in holding that section 15C of the Indian Income-tax Act, 1922, was applicable to the new production units added to the existing production units of the assessee at Belur, Alupuram and Muri in respect of buildings, plants and machineries and directing exemption to be granted under the aforesaid section accordingly?" The relevant assessment year is 1960-61, the corresponding previous year being the calendar year ended on December 31, 1959. The assessee-company is a manufacturer of aluminium ingots from ores. In the earlier years it had four manufacturing centres at Belur, Kalwa, Alupuram, and Hirakud. In the present accounting year one more was added at Muri and also there were additional extensions to the existing factories at Belur and Alupuram. In connection with the assessment year 1960-61 the assessee-company had claimed relief under section 15C before the Income-tax Officer in respect of fresh capital outlay at Muri as well as additional i investment in the form of extension to the existing factory premises, installation of new plants and machineries, etc., at Alupuram and Belur. The, Income-tax Officer discussed the relief under section 15C in respect of the unit at Hirakud but did not deal with the other three units in dispute.' He has, however, refused to grant any relief to the assessee-company in respect of all the said four units. In the appeal before the Appellate Assistant Commissioner the company claimed relief under section 15C in respect of only three units at Alupuram, Belur and Muri. On the basis of the records in the earlier years the Commissioner disallowed the relief under section 15C in respect of Alupuram and Belur units. With respect to the unit at Muri the Commissioner has found that the assessee has already a manufacturing unit at Muri which was only expanded in the accounting year. In the premises he confirmed the order of the Income-tax Officer. The assessee-company…

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