1987-VIL-47-SC-DT

Equivalent Citation: [1987] 168 ITR 744 (SC)

Supreme Court of India

Civil Appeals Nos 658, 659 and 660 of 1975.

Date: 03.09.1987

COMMISSIONER OF INCOME-TAX, BOMBAY

Vs

TIECICON PVT. LIMITED

For the Appellant : K. C. Dua and Miss. A. Subhashini, Advocates
For the Respondent : V. S. Desai, Senior Advocate (V. N. Ganpule, Advocate)

BENCH

R. S. PATHAK C.J. AND M. H. KANIA J.

JUDGMENT

The Income-tax Appellate Tribunal held in appeals filed by the respondent-assessee relating to the assessment for the assessment years 1968-69, 1969-70 and 1970-71 that inasmuch as the respondent supplied cool, filtered and chilled air through air-conditioning apparatus to the lessees in the building under consideration, it was an " industrial company " within the meaning of section 2(6)(d) of the Finance Act, 1968, and section 2(6)(c) of the Finance Acts, 1969 and 1970, as it could be said to be engaged in the manufacture or processing of goods and, therefore, the rate of tax applicable to the respondent was 55% and 60% and not the rate of 65%. The application made by the Commissioner of Income-tax for reference of the question whether the respondent was an " industrial company " in terms of the definition referred to earlier was rejected by the Income-tax Appellate Tribunal on the ground that the question was one of fact and not of law. A reference application made by the Commissioner of Income-tax to the High Court was rejected on the same ground. In these appeals against the order of the High Court declining to call for a statement of the case and rejecting the reference application, we have heard learned counsel for the parties and we are satisfied that the Income-tax Appellate Tribunal and the High Court are right in holding that the question is one of fact. Accordingly, we dismiss the appeals but without any order as to costs.

 

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