TMI Blog1989 (4) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... s of law referred for the opinion of this court are in the following terms : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal has been right in law in allowing investment allowance under section 32A on the total cost of machinery of Rs. 1,64,638 and dies and moulds of Rs. 17,616 ? 2. Whether the Tribunal was right in holding that Ming of the audit report u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner allowed this investment allowance only for the machinery purchased during the assessment year in question which was to the tune of Rs. 27,076. The claim relating to the dies and moulds was disallowed holding that they were not machinery. The Tribunal, however, took the contrary view holding that dies and moulds were also part of machinery and what is more, as the machinery had been ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indeed, be no escape from the conclusion that the requirement of the audit report being filed along with the return of income is rendered mandatory by the provisions thereof. It is pertinent to note in this behalf that this provision clearly lays down that deduction claimed shall not be admissible unless the assessee also furnishes along with the return, the audit report in the prescribed form du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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