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    <title>2007 (9) TMI 207 - RAJASTHAN HIGH COURT</title>
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    <description>Section 32A investment allowance was held to extend to dumpers, tippers and hydraulic excavators because their dominant function is construction or earth-moving, so they are not road transport vehicles merely due to incidental road movement. The provision&#039;s exclusion for road transport vehicles therefore did not apply. The allowance was also held available where the machinery is owned by the assessee and hired to an industrial undertaking, because section 32A requires ownership and business use, not direct personal operation by the assessee. Leasing or hiring activity carried on as business can satisfy the statutory condition. On that basis, entitlement to investment allowance was sustained.</description>
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    <pubDate>Thu, 06 Sep 2007 00:00:00 +0530</pubDate>
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      <title>2007 (9) TMI 207 - RAJASTHAN HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=3916</link>
      <description>Section 32A investment allowance was held to extend to dumpers, tippers and hydraulic excavators because their dominant function is construction or earth-moving, so they are not road transport vehicles merely due to incidental road movement. The provision&#039;s exclusion for road transport vehicles therefore did not apply. The allowance was also held available where the machinery is owned by the assessee and hired to an industrial undertaking, because section 32A requires ownership and business use, not direct personal operation by the assessee. Leasing or hiring activity carried on as business can satisfy the statutory condition. On that basis, entitlement to investment allowance was sustained.</description>
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      <pubDate>Thu, 06 Sep 2007 00:00:00 +0530</pubDate>
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