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2015 (1) TMI 1157 - ALLAHABAD HIGH COURTInvestment allowance - entitlement to claim on all the items viz. Molasses storage tank, molasses pump, weigh bridge and diesel generating sets without appreciating the facts that items are not 'Plant and Machinery' on which investment allowance is allowable - Held that:- In the light of the well settled legal position in the case of Tribeni Tissues Ltd. Vs. CIT (1991 (1) TMI 98 - CALCUTTA High Court) and CIT Vs. Mahant Oil Industries Pvt. Ltd. (1991 (3) TMI 72 - KARNATAKA High Court) we are of the opinion that the Tribunal has rightly observed that the assessee was entitled for investment allowance storage tank, molasses pump, weigh bridge and diesel generating sets, which were exclusively used in the factory. - Decided in favour of assessee. Disallowed of market fee - Held that:- As decided in Commissioner of Income Tax Vs. Moti Lal Padampat Udyog Ltd. (2013 (3) TMI 394 - ALLAHABAD HIGH COURT) observed that payment of market fee to purchase the sugar cane and sugar is allowable deduction. Also in the case of CIT Vs. Macdowell & Company Ltd, (2009 (5) TMI 28 - SUPREME COURT ) had held that "bottling fee" realized under the Rules framed under the Excise Act is neither tax nor duty as such Section 43B of the Act is not applicable on it.- Decided in favour of assessee.
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