Oncological Research Institute Pvt.ltd v. D.k.deshmukh, J

1 The Commissioner of Income Tax. ...Appellant Tolani Bulk Carriers Ltd....Respondent. --- Mr.B.M.Chatterjee with Ms.Anamika Malhotra, forAppellant.Mr.Soli Dastoor, Sr.Advocate with A.R.Jasani, forRespondent. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. P.C.:-1.Heard learned Counsel appearing for both thesides. The interpretation placed on the term“industrial undertaking” occurring in the provisionof Section 35D of the Income Tax Act, in our opinion,is proper. The grievance of the learned Counselappearing for appellant-department that the decisionof this Court in the Case of “Insight Diagnostic and Oncological Research Institute Pvt.Ltd. Vs. DeputyCommissioner of Income Tax, reported in (2003)262 ITR0041W” was not considered by the Tribunal, in ouropinion, is not proper because that judgment thoughinterprets the term “industrial undertaking” itinterprets the term “industrial undertaking” found insub-section (1) of Section 32A of the Income Tax Act.For the purpose of section 35D of the Act thatjudgment is not relevant. In our opinion, in so faras interpretation of the term “industrialundertaking” found in section 35D of the Act isconcerned, the tribunal has rightly considered themeaning of the term “industrial undertaking” commonparlance. We see no question of law arising. Theappeal is, therefore, rejected. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)