1989 (3) TMI 108

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..... deduction under section 80J of the Income-tax Act, 1961, read with rule 19A of the Income-tax Rules, 1962, in respect of the capital employed for machinery under installation. The three questions referred in this behalf being: "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that sub-rule (3) of rule 19A of Income-tax Rules, 1962, should b .....

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..... ecision of the Supreme Court in Lohia Machines Ltd. v. Union of India [1985] 152 ITR 308 and they are consequently answered in the negative, in favour of the Revenue and against the assessee. The third question has, however, to be answered in the affirmative, in favour of the assessee and against the Revenue keeping in view the decision of this court in I.T.R. No. 145 of 1982 (CIT v. Gopi Chand Te .....

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