COMMISSIONER OF INCOME TAX Vs. PURI CONSTRUCTIONS LTD.
LAWS(DLH)-2007-3-259
HIGH COURT OF DELHI
Decided on March 21,2007

COMMISSIONER OF INCOME TAX Appellant
VERSUS
Puri Constructions Ltd. Respondents

JUDGEMENT

- (1.) THE following question of law has been referred for our opinion : "Whether on the facts and in the circumstances of the case, the Tribunal was not justified in law in holding that the assessee company was an industrial company and in further directing the ITO to allow the claim under s. 32A provided other conditions laid down in that section were satisfied -
(2.) WE find that the assessee company is a construction company. In view of the decision rendered in CIT vs. N.C. Bhudharaja and Co. (1993) 114 CTR (SC) 420 : (1993) 204 ITR 412 (SC), the issue is no longer res integra and it must, therefore, be held that the assessee is not an industrial company.
(3.) ACCORDINGLY , the question is answered in the affirmative, in favour of the Revenue and against the assessee.;


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