| Citation(s) |
|---|
| 2001 SLG 382 2001 SLD 382 2001 PTD 2618 (2001) 248 ITR 178 |
Supreme Court of India
C. A. No. 1152 of 1995, decision dated: 1st November, 2000.(Appeal by special leave from the judgment and order, dated January 9, 1990, of the Calcutta High Court in I.T.R. No.23 of 1985)
S. P. BHARUCHA, D. P. MOHAPATRA AND Y. K. SABHARWAL, JJ
Ranbir Chandra, Rajiv Nanda, S.K. Dwivedi, R.N. Verma and Ms. Sushma Suri, Advocates for Appellant. S.V. Deshpande, Manisli Singhvi, Pramit Saxena and Ms. Anuradha Rastogi, Advocates for,
Respondents.
C. A. No. 1152 of 1995, decision dated: 1st November, 2000.(Appeal by special leave from the judgment and order, dated January 9, 1990, of the Calcutta High Court in I.T.R. No.23 of 1985)
S. P. BHARUCHA, D. P. MOHAPATRA AND Y. K. SABHARWAL, JJ
Ranbir Chandra, Rajiv Nanda, S.K. Dwivedi, R.N. Verma and Ms. Sushma Suri, Advocates for Appellant. S.V. Deshpande, Manisli Singhvi, Pramit Saxena and Ms. Anuradha Rastogi, Advocates for,
Respondents.
COMMISSIONER OF INCOME TAX
VS
. PEERLESS CONSULTANCY AND SERVICES (P.) LTD.
Law: Income Tax Act, 1961
Section: 32,32A,2(7)(c).
(a) Income-tax---Industrial company---Investment allowance--Assessee processing data on behalf of clients---Industrial company---Entitled to investment allowance in respect of generator installed by it---Indian Income Tax Act, 1961, S.32A--Indian Finance Act, 1981, S.2(7)(c). (b) Income-tax----Appeal to Supreme Court---Powers of Supreme Court---Supreme Court cannot assess primary material---Indian Income Tax Act, 1961. Against the of the Calcutta High Court holding the assessee entitled to investment allowance in respect of a generator on the ground that processing of data on behalf of its customers was processing of goods, the. Department appealed to the Supreme Court: Held, that no of a Court of this country or abroad taking the view that the processing of data is not the processing of goods, was produced. It was not the function of the Court to assess primary material. The primary material, if any, should have been placed before the Income-tax Authorities or the Tribunal the assessee was an industrial company entitled to investment allowance in respect of the generator installed by it. CIT v. Peerless Consultancy Services (Pvt.) Ltd. .(1990) 186 ITR 609 affirmed. CIT v. Datacons (P.) Ltd. (1985) 155 ITR 66 (Kar.) and CIT v. Shaw Wallace & Co. Ltd. t 1993) 201 ITR 17 (Cal.) ref. THIS…
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