1998 (8) TMI 52

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eks a mandamus to the Tribunal for drawing up a statement of case and referring the following question for the opinion of the High Court : "Whether, on the facts and in the circumstances of the case, the learned Income-tax Appellate Tribunal was correct in law in holding that investment of Rs. 14,91,874 in an incomplete and unfinished factory building is not liable to be included in the wealth o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ppurtenant to such building or part ;" To attract the applicability of the abovesaid clause the building or part, thereof must be capable of being used by the assessee. The facts as found and the question itself suggest that the investment was in an incomplete and unfinished factory building, the construction whereof was still in progress. It is not the case of the Revenue that the building or p .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X