TMI Blog1999 (8) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... ort "the Act"), the Revenue seeks a direction to the Income-tax Appellate Tribunal to state the case and refer the following questions, in respect of the assessment year 1985-86, for the opinion of this court : "1. On the facts and in the circumstances of the case and in law whether the Tribunal was 'correct in holding that the expenses of Rs. 31,56,117 spent by the assessee on repairs and repla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it got a benefit of enduring nature. He accordingly directed that the said amount shall be capitalised, on which depreciation will be allowed to the assessee. The Assessing Officer also noticed that the assessee had claimed investment allowance of Rs. 2,01,839 on the cost of fire-fighting equipment. Holding that the fire-fighting equipment was not integral part of plant and machinery directly conn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee, which is printing and publishing of newspapers and magazines and, therefore, the requirement under section 32A(2)(b)(iii) was satisfied. Accordingly, it allowed the said claim made by the assessee. It is with reference to this order, the above questions have been proposed for reference. Having heard learned counsel for the parties, we are of the view that the order of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers and magazines. Again, this finding is not challenged as perverse or unreasonable in the proposed question No. 2. That being so, the Tribunal has correctly come to the conclusion that the assessee is entitled to investment allowance on the said equipment. No question of law arises from the order of the Tribunal. The application is accordingly dismissed. - - TaxTMI - TMITax - Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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