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TMI Blog2014 (1) TMI 1407X X X X Extracts X X X X X X X X Extracts X X X X ..... question of admission. This appeal under Section 260-A of the Income Tax Act, 1961 (for short, the Act) is directed against the order dated 26.10.2004 passed by the Income Tax Appellate Tribunal, Indore Bench (for short, the Tribunal) in ITA No.212/2003. It has been argued by the learned Senior Counsel for the appellant that the Tribunal was not justified in allowing the Investment Allowance, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction and in this background, investment allowance of Rs.37,43,678/- was disallowed. CIT (A) allowed the claim of investment allowance, as, according to him, the same was allowable once the machinery was installed. 4. Before us, ld. DR supported the order of AO. 5. On the other hand, ld. AR referred to page 10 which is schedule of fixed assets and pointed out that AO has confused the figures o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vestment allowance has been claimed on plant and machinery installed in Milk Divn. as well as Soya Divn. as far as machinery worth Rs.4219329/- in Soya Divn. in concerned, the details are not very clear, therefore, this issue is set aside to the file of AO for verification whether the same was installed or not. AO is further directed to allow investment allowance if these machines have already bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed for making verification as to whether the same was installed or not. In our considered view, once the machines have already been installed, the benefit of Investment Allowance is available to the assessee and it cannot be denied on the ground that they have not been put to use. In the circumstances, no case for interference in the order passed by the Tribunal is made out. The appeal fai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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