Investment allowance on generator use: no referable question survived where identical facts were already accepted in the assessee's earlier case.

A reference under Section 256(1) was refused because the investment allowance issue concerning a generator had already been accepted in the assessee's own earlier case on materially identical facts. The Tribunal treated the present matter as factually the same, noted that the allowance question did not raise a fresh referable issue, and found no surviving question warranting reference. The reference application was therefore rejected.

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Issues: Whether a reference under Section 256(1) of the Income-tax Act, 1961 was warranted on the question of investment allowance on a generator used in the assessee's business.

Analysis: The reference was sought on questions concerning admissibility of investment allowance where the generator was stated to be used mainly in relation to articles falling in the Eleventh Schedule. The Tribunal noted that the allowance had already been granted in the assessee's own earlier case on similar facts and that the present matter stood on the same factual footing. On that basis, and for consistency, no referable question was found to survive.

Conclusion: The request for reference was declined and the reference application was rejected.

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