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2005 (1) TMI 47 - MADHYA PRADESH HIGH COURT"Whether, Tribunal was justified in law in holding that the assessee was entitled for investment allowance u/s 32A(8B) amounting to Rs. 36,18,035 on the new solvent extraction plant?" - we have to proceed on the basis that the factual finding recorded by the Tribunal is binding on us because it is not challenged in this reference by the Revenue. It is noticed that the Tribunal has in clear terms recorded a factual finding that the assessee has fulfilled the necessary requirements for claiming the benefit of investment allowance. In this view of the matter, the only necessary consequence that flows is that assessee has to be held entitled to claim the benefit of investment allowance within the meaning of section 32A(8B). Indeed, once on the facts it is held that the assessee has fulfilled the required criteria, then consequential benefit has to be granted as a logical conclusion flowing from such finding.
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