Law:

Section:

Section 80J, read with section 80HH, of the Income-tax Act, 1961 - Deductions - Profits and gains from new industrial undertaking, ships or hotels, etc. - Assessment years 1976-77 to 1982-83 - Assessee-company was carrying on business of constructing dams, canals, power houses, etc. - It claimed deduction under sections 80J and 80HH on basis of manufacturing of intermediate products which it used for constructing dams, canals, etc. - Assessee-company also claimed to be an 'industrial undertaking' - Tribunal, without going into question of intermediate products, disallowed assessee's claim under sections 80J and 80HH on basis of end-product doctrine holding that assessee was not eligible for deduction under section 80J or 80HH as construction undertaking could not be held to be manufacturing or producing articles within meaning of sections 80J and 80HH - With regard to claim as industrial company, Tribunal directed Assessing Officer to determine as to whether assessee-company was 'industrial company' or not - Whether since in instant case, assessee had not claimed benefit in respect of entire profit earned by it, but was only asking for relief to extent to which it would have otherwise been entitled to, had it been held to be an 'industrial company' for purpose of manufacture of intermediate products, which it was required to manufacture for purpose of utilization thereof in construction of dams and tunnels, etc., it was, obligatory on part of Department to go into said question - Held, yes - Whether having regard to fact that question as to whether assessee was an 'Industrial Company' or not itself had been directed to be determined by Assessing Officer by Tribunal, that matter required fresh consideration at hands of Tribunal again - Held, yes FACTS The assessee was a company carrying on business of constructing of dams, canals, power houses, etc. It claimed deduction under section 80-J. It also raised a claim that it should be treated as an 'Industrial company' and, thus, should be held to be entitled to a lower rate of tax. The said claims of the assessee, however, were not acceded to by the Assessing Officer. The said claims related to the assessment years…

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