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2004 (10) TMI 45 - HC - Income Tax"Whether Tribunal was right in law in allowing the investment allowance to the generator installed for business other than those specified in section 32A?" - assessee, is engaged in the business of exhibition of motion pictures and the generator has been installed by it for running of the cinema hall. By no stretch of imagination, can it be said that the assessee is running an industrial undertaking which is engaged in the business of generation or distribution of electricity - Nor the business of exhibition of cinema can be said to be involving manufacture or production of any article or thing - investment allowance u/s 32A can be claimed by the assessee if he is running an industrial undertaking engaged in generation or distribution of electricity or any other form of power or involving manufacturing or producing articles or things - The Tribunal, thus, clearly fell in error while holding that the generator which was being used by the assessee was an integral part of the machinery for running a cinema and was entitled for investment allowance.
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