TMI Blog2003 (9) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal was legally correct in directing the Inspecting Assistant Commissioner of Income-tax (Asst.) that the investment allowance should be allowed to the assessee according to the provisions of section 32A?" - In our opinion the words "road transport vehicle" as used in common parlance refer to buses, trucks, taxis, etc., but would certainly not include tractors. - For the reasons given abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 32A?" The assessee is a U.P. Government undertaking which had been established for industrial and agricultural development of Western U.P. The previous year for the relevant assessment year 1978-79 ended on June 30, 1977. The assessee gave tractors on hire. These tractors were fitted with trolleys and they were exclusively used for hiring purpose by the assessee. The assessee claimed inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be registered nor was it (though it was registered) required to be driven by a person holding a licence, as it was neither a vehicle for carrying goods or passengers nor was it driven at a place to which the public has a right to access. Hence, he submitted that the tractors for which investment allowance was claimed were not road transport vehicles. It may be mentioned that the second proviso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is well known, tractors are agricultural machinery for tilling the land. The view taken by the Tribunal following the decision of the Madras High Court in State of Madras v. Marshall Sons and Co. (India) Ltd. [1954] 5 STC 305; AIR 1954 Mad 884, appears to us to be correct. It is a well settled principle of interpretation that the popular or commonsense meaning of words or expressions should be p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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