TMI Blog1995 (11) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... ds boarding, lodging and education of the 32 orphans adopted by the assessee-company as a business expenditure ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the assessee is entitled to investment allowance of Rs. 2,24,52,331 on the new plant and machinery installed in the assessee's business of extracting coal ? " We are of the view that the first question raises a debatable point of law. No doubt, there is a finding of the Tribunal that the expenditure incurred for the lodging, boarding and education of 32 orphans pursuant to the appeal made by the State Government, as a measure of cyclone relief, is connected with the business expenditure inasmuch as those orphans were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we are unable to find a debatable question of law fit to be referred for the consideration of this court. One of the conditions to be satisfied for allowing deduction by way of investment allowance under section 32A is that new machinery or plant should have been installed in an industrial undertaking "for the purposes of business of construction, manufacture or production of any article or thing, not being an article or thing specified in the list in the Eleventh Schedule". The contention advanced on behalf of the Revenue is that winning or excavating the coal from the mine does not involve production of an article or thing. Learned standing counsel contends that the Tribunal has followed the decision of this court in CIT v. Super Drillers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned standing counsel is correct to this extent. But that does not solve the problem. Even eschewing the decision in Super Driller's case [1988] 174 ITR 640 (AP) from consideration, we are unable to say that the conclusion reached by the Tribunal is untenable or the interpretation of section 32A(2) in the context of the facts of this case gives rise to a debatable question of law. In coming to the conclusion that no debatable question of law arises for consideration, we rely on the very decision of the Supreme Court which has been pressed into service by learned standing counsel. The Tribunal held that in extracting coal or winning coal from the coal mine, an article or thing is produced. It is not the case of the Revenue that coal which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... defined as "something that is brought forth or yielded either naturally or as a result of effort and work". In Shorter Oxford English Dictionary, the following meaning is given : "To bring forward, bring forth or out ; to bring into being or existence". The meaning given in Black's Law Dictionary to the expression "produce" is "To bring forward ; to show or exhibit to bring into view or notice ; to bring to the surface". Applying the principle, of interpretation spelt out by the Supreme Court in the aforementioned decision and the ordinary meaning of the word "produce" as disclosed by the dictionaries and by its ordinary connotation, we have no doubt in our mind that the activity of winning or excavating the coal from the mines can be ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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