TMI Blog2002 (12) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... plicable for the assessment year under consideration, i.e., 1987-88? - 2. Whether having regard to the fact that depreciation on fork lifts has been granted at a higher rate applicable to road transport vehicles, the Appellate Tribunal was right in law in holding that fork lifts are also entitled to investment allowance?" - the first question of law referred to us is answered in the negative, agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the fact that depreciation on fork lifts has been granted at a higher rate applicable to road transport vehicles, the Appellate Tribunal was right in law in holding that fork lifts are also entitled to investment allowance?" The assessment year involved is 1987-88. In so far as the first question of law referred to us is concerned, learned senior counsel for the Revenue submits that the is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal has not given any finding at all that the depreciation was granted at a higher rate on the fork lifts and the question has been framed as if there is a finding by the Appellate Tribunal that higher depreciation was granted on the fork lifts on the basis that they are the road transport vehicles. In the absence of any finding by any of the authorities or by the Appellate Tribunal that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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