Case Details

Citation(s)
2004 SLG 3060 2004 SLD 3060 (2004) 271 ITR 320
Delhi High Court
IT REFERENCE No. 377 OF 1983 JULY 22, 2004
B.C. PATEL, C.J. AND BADAR DURREZ AHMED, J

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Commissioner of IncomE tax

v.

Kinetics Technology P. Ltd.

Law:

Section:

Section 2(7)(c) of the Finance (No. 2) Act, 1977 - Industrial company - Assessee company was deriving income from supervision and commissioning of heaters and erection of gas generation plants, furnaces and also manufactured equipment for those purposes and imparted technical know-how for which services it received design and consultancy fees - Whether since contracts executed by assessee involved processing of goods and could not be treated as trading items it was an industrial company within meaning of section 2(7) (c) - Held, yes Sanjeev Sabharwal and Ms. Rashmi Chopra for the Appellant. JUDGMENT B.C. Patel, CJ. - This reference is placed before the court at the instance of the Revenue where the following question of law is referred to the Court : Whether on the facts and in the circumstances of the case, the assessee company was and 'industrial company' within the meaning of clause (7)(c ) of Chapter 2 of the Finance (No. 2) Act, 1977 ? 2. The assessee is deriving income from supervision and commissioning of heaters and erection of gas generation plants, furnaces and also manufactures equipment for these purposes and imparts technical know-how, for which services it received design and consultancy fees. 3. Against the order of the Assessing Officer, rejecting the…
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