Hazra, J. - (1.) This is a reference by the Income-tax Appellate Tribunal under Section 256(1) of the Income-tax Act, 1961, to this court on the application of the Commissioner of Income-tax, West Bengal-I, Calcutta, made on June 13, 1969.
(2.) The assessee, Dunlop Rubber Co. (India) Ltd., is a well-known manufacturer of rubber tyres, tubes, etc., in this country with its factory at Shahganj in West Bengal. It set up another factory, a completely new unit at Ambattur, near Madras, during the accounting years 1957 and 1958.
(3.) For the assessment year 1963-64, the calendar year 1962 being the previous year, the assessee for the first time claimed exemption or relief under Sections 84 and 101 of the Income-tax Act, 1961, hereinafter called the Act. The assessee wrote to the Income-tax Officer on May 24, 1966, as follows: "We file herewith our revised returns for the assessment year 1963-64, in terms of the provisions of Sub-section (5) of Section 139 of the Income-tax Act, 1961. This is as a result of discovering our omission to include claim for relief under Sections 84 and 101 of the Income-tax Act, 1961, in respect of our industrial undertaking at Ambattur, Madras. Our industrial undertaking at Ambattur, Madras, began to manufacture or produce articles in the previous year relevant to the assessment year 1960-61. We hereby declare that this undertaking was not formed by splitting up or reconstruction of a business already in existence. The buildings, machinery, plant, etc., of the new undertaking were not used for any purpose before. The new industrial undertaking has begun manufacture of articles in India within the prescribed number of years with reference to 1st April, 1948. It employs more than ten workers in a manufacturing process carried on with the aid of power. Computation of profits of the new industrial undertaking has been made in accordance with the provisions of Chapter IV-D of the Income-tax Act, 1961. Due to oversight the claim for relief under Sections 84 and 101 of the Act was not made for the assessment years 1960-61, 1961-62 and 1962-63 at the time of the assessment. However, we lodge herewith our claim for 1963-64, for which assessment is pending, and will be grateful if you will please admit our claim for this year.";