2002 PLP 1123 (PTD)
TAMIL NADU STATE TRANSPORT CORPORATION LTD. Versus COMMISSIONER OF INCOME-TAX
| Citation | 2002 PLP 1123 (PTD) |
| Forum / Court | 252 I T R 883 |
| Bench Members | S. P. Bharueha, Y. K. Sabharwal and Brijesh Kumar, JJ |
| Parties | TAMIL NADU STATE TRANSPORT CORPORATION LTD. Versus COMMISSIONER OF INCOME-TAX |
| Primary Law | (a) Income-tax, (b) Words and phrases |
Q1: What are the key laws and sections cited in 2002 PLP 1123 (PTD)?
This judgment primarily cites: (a) Income-tax, (b) Words and phrases as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1123 (PTD)?
The case was heard and decided by the 252 I T R 883 bench comprising: S. P. Bharueha, Y. K. Sabharwal and Brijesh Kumar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1123 (PTD) (TAMIL NADU STATE TRANSPORT CORPORATION LTD. Versus COMMISSIONER OF INCOME-TAX). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- R. Venkataraman, Senior Advocate (V. Prabhakar and Ms. Revathy Raghavan, Advocates with him} for Appellant.
- Dr. V. Gauri Shankar, Senior Advocate (Rajiv Tyagi, B.V. Balaram Das and Ms. Sushma Suri, Advocates with him) for Respondent. '
Headnotes / Summary
(Appeals by special leave from the judgment and order, dated March 2, 1998, of the Madras High Court in T. C. Nos. 1820 and 1821 of 1986).
New industrial undertaking in backward areas
Tyre retreading does not amount to production
Not entitled to relie
Indian Income Tax Act, 1961, Ss.80HH & 80J.
Meaning of. From the decision of the High Court (see (1999) 239 ITR 375) to the effect (i) that for the purposes of the relief under section 80HH of the Income Tai Act, 1961, there has to be production which brings into existence a new article; and (ii) that when a tyre wears out, its life might be renewed by retreading but a different and distinct commodity cannot be said to have come into existence as a result of retreading, and, therefore, the business of retreading of tyres did not amount to production of a new article entitling the assessee to the relief under sections 801 and 80HH, appeals were preferred by the assessee to the Supreme Court. The Supreme Court dismissed the appeals. CIT v. Madurai Pandian Engineering Corporation Ltd. (1999) 239 ITR 375 affirmed.
Judgment & Decree
New industrial undertaking in backward areas
Tyre retreading does not amount to production
Not entitled to relie
Indian Income Tax Act, 1961, Ss.80HH & 80J. (b) Words and phrases
Meaning of. From the decision of the High Court (see (1999) 239 ITR 375) to the effect (i) that for the purposes of the relief under section 80HH of the Income Tai Act, 1961, there has to be production which brings into existence a new article; and (ii) that when a tyre wears out, its life might be renewed by retreading but a different and distinct commodity cannot be said to have come into existence as a result of retreading, and, therefore, the business of retreading of tyres did not amount to production of a new article entitling the assessee to the relief under sections 801 and 80HH, appeals were preferred by the assessee to the Supreme Court. The Supreme Court dismissed the appeals. CIT v. Madurai Pandian Engineering Corporation Ltd. (1999) 239 ITR 375 affirmed. R. Venkataraman, Senior Advocate (V. Prabhakar and Ms. Revathy Raghavan, Advocates with him} for Appellant. Dr. V. Gauri Shankar, Senior Advocate (Rajiv Tyagi, B.V. Balaram Das and Ms. Sushma Suri, Advocates with him) for Respondent. ' We have heard learned counsel for the appellant. There is no merit in the appeals. The civil appeals are dismissed with costs. M.B.A./1067/FC Appeals dismissed.