2002 (2) TMI 1278

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....This is an appeal by the assessee against the order of CIT(A), Udaipur for assessment year 1990-91. The appellant agitated on the ground that the CIT(A) erred in confirming the inference of Rs. 29,472, the claim of investment allowance on the cost of Van. The (sic) Matador Van as road transport vehicle and, therefore, the investment was disallowed. The CIT(A) held the Matador Van was not being use....

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....erial/semi-finished goods from one plant and machinery to the other during the course of production process at different stage of production e.g. cutting of sheet, including shaping, polishing, etc., the assessee required vehicle and looking to the weight and size, Matador Van was found suitable. The ld. A.R. had referred to the CBDT Instruction N. 617 dated 30-9-1973 which is being reproduced ....

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....the fork-lift truck will not be a road transport vehicle if the material is transported from one place to another place within factory or from one location to another. In the present case also admittedly the Van had been used outside the factory premises on road so as to transport finished goods. The actual position is that it was used within the factory itself to transfer the unfinished/semi-fini....

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....h helps the industrial growth and development of the country should be given a liberal construction. He referred to the judgment of Bajaj Tempo Ltd. v. CIT [1992] 196 ITR 188 (SC). 5. We have considered the rival submissions. We find that the lower authorities had been misled by the fact that the Matador Van had been used for transporting the good outside the factory premises. It has been asser....