TMI Blog2006 (8) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... nds of some johnnies, who do not understand importance of the work and do not also know as to how they should deal with the High Court. 2. In the present matter, reference has been made by the Income-tax Appellate Tribunal on certain questions along with reference papers, photostat copy of the order passed by the Tribunal is also annexed as Annexure "C". A perusal of the said order would indicate that it is illegible and things cannot be read conveniently. After putting an extra effort and strain on the eyes, we were required to go through the order. We ask the High Court Registry to send complete papers to the Vice President, Income-tax Appellate Tribunal so that he can go through the Reference papers and return the same back to this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n favour of the assessee in view of the judgment reported in Shiv Construction Co. v. CIT [1987] 165 ITR 160. It is, accordingly, answered. 6. For the second question, Mr. Bhatt, learned Counsel for the Revenue, submitted that the Income tax Officer went wrong in granting investment allowance on the cost of dumpers and water tank treating these items as plant. He submits that the assessee is engaged in the work of road construction on a large scale through out the State of Gujarat and in any case, construction of road would not be an industrial activity and would not amount to production or manufacture of an article or a thing. The Assessing Officer was unjustified in granting the investment allowance and the Tribunal was unjustifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 8. The Apex Court finally held that sub-clause-(iii) of clause-(b) of sub-section-(2) of section-32A does not comprehend within its ambit construction of a dam, a bridge, a building, a road, a canal and other similar constructions. 9. If according to the Supreme Court, construction of road is not manufacture or production of an article or thing, the investment allowance would not be permissible. In the present matter, the Tribunal was unjustified in reversing the order passed by the Commissioner of Income-tax (Appeals), directing the Income-tax Officer to make fresh assessment under section-263 of the Income-tax Act. Accordingly, we answer the Question No.2 in favour of the Revenue. 10. Looking to the callous conduct of the O ..... X X X X Extracts X X X X X X X X Extracts X X X X
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