Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Transferred Case |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Income Tax Act, 1961 :Section 80-J-Income Tax-Benefit under-Newly establish industrial undertaking-AYs 1976-77 to 1978-79-Assessee-company engaged in the business of running a hotel-Held : Such a company not entitled to benefits under S.80-J(1) unless it fulfils the conditions under S.80-J(6). Sections 32-A and 80-J-Newly established industrial undertaking-AY 1978-79-Investment allowance-Benefit under Ss. 80-J or 32-A-Held: 'Manufacture' means production of a new article or bringing into existence a new commodity-It does not include processing activity like preparation of food packages or selling the same in a hotel-In order to get the benefit of Ss. 80- J or 32-A the assessee must be engaged in the business of manufacture or production of any article or thing. Interpretation of Statutes : Taxing Statutes-Words or phrases-Definition-Absence of-Held: Common parlance meaning has to be applied : Words and Phrases: "Manufacture"-Meaning of-In the Context of S.80-J(4)(iii) of the Income Tax Act, 1961. "Newly established industrial undertaking"-Meaning of-In the context of S.80-J of the Income Tax Act, 1961. "Investment allowance"-Meaning of-In the context of S.32-A of the Income Tax Act, 1961. |
Judge | Hon'ble Mr. Justice M.B. Shah |
Neutral Citation | 2000 INSC 379 |
Petitioner | Indian Hotels Co. Ltd. And Ors. |
Respondent | Income Tax Officer, Mumbai And Ors. |
SCR | [2000] Supp. (2) S.C.R. 261 |
Judgement Date | 2000-08-08 |
Case Number | 20 |
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