TMI Blog1994 (3) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... e opinion of this court, the following question under section 256(1) of the Income-tax Act, 1961: "Whether, in view of the facts and circumstances of the case, the Tribunal was right under law in holding that the extra shift allowance on electrical machinery was not allowable ?" The relevant assessment year is 1974-75. The assessee is a limited company manufacturing textile goods. For the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the description of item III(iv)(1) or whether the machinery formed part and parcel of the textile machinery as a whole, was a matter which could be decided only after some enquiry and on which two opinions could exist. The Commissioner of Income-tax, therefore, set aside the rectification order made by the Income-tax Officer. On appeal before the Tribunal, it was held that the assessee was not e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Part I of Appendix I to these Rules. Item III(iv) deals with extra shift depreciation allowance. It has been, inter alia, provided therein that the extra shift allowance shall not be allowed in respect of the items of machinery and plant enumerated therein. The relevant portion of the said item reads as under: "The extra shift allowance shall not be allowed in respect of any item of machinery or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hdrawing the extra shift allowance on the electrical machinery. We are, therefore, of the view that the Tribunal was right in holding that the extra shift allowance on electrical machinery was not allowable and the question referred to us is, therefore, answered in the affirmative, in favour of the Revenue and against the assessee. The reference stands disposed of accordingly with no order as to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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