9911796707
TMI Blog2000 (4) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 256(2) of the Income-tax Act, 1961, the Commissioner of Income-tax seeks a direction to the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar ("the Tribunal"), to refer the following three questions of law to this court for opinion: "(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in directing the Assessing Officer to grant investm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of the very same assessee, being I.T.A. No. 35 of 1994, dated August 9, 1999, for an earlier assessment year. In that case, it has been held that the transformer in question having been purchased for being used for the purpose of production of alcoholic drinks, which was the main business of the assessee, the assessee was not entitled to investment allowance under section 32A of the Act i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion No. 1 set out above is deemed to have been referred by the Tribunal to this court and following the decision of this court cited above, the same is answered in the negative, i.e., in favour of the Revenue and against the assessee. As a result, the assessee would not be entitled to investment allowance on the transformer. The Tribunal erred in allowing the same. This application is disposed o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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