Patna High Court
Commissioner Of Income-Tax vs C.S. Anand on 4 July, 1996
Equivalent citations: [1997]225ITR573(PATNA)
Bench: D.P. Wadhwa, Aftab Alam
JUDGMENT
1. At the instance of the Revenue, this court has directed the Income-tax Appellate Tribunal, to refer the following question to this court for its opinion :
" Whether, on the facts and in the circumstances of this case, the Tribunal is right in law in holding that investment allowance is allowable on the cost of new dumpers at Rs. 5,63,844 ?"
The question is if an assessee is entitled to investment allowance on a dumper. Section 32A(1)(b) provides that no investment allowance under Section 32A will be allowable in case of "any office appliances or road transport vehicles." We do not think that by any stretch of imagination it can be said that dumper can be used as road transport vehicle.
2. Mr. Vidyarthi, however, does not press this reference application. Accordingly, we answer the question in favour of the assessee and against the Revenue. There shall be no order as to costs.