2005 (3) TMI 771

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....ions of law under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court : Questions at the instance of Department- "1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that the assessee is entitled to investment allowance under section 32A of the Income-tax Act, 1961 ? 2. Whether....

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....al in the assessment year 1983-84 ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the expenditure on running and maintenance of jeeps as distinguished from such expenditure on motor cars should also be included for the purpose of computing the disallowance under section 37(3) of the Income-tax Act, 1961 ? 3. Whe....

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....investment allowance was disallowed by the Assessing Officer but was accepted in appeal by the Commissioner of Income-tax (Appeals) as well as in further appeal by the Tribunal. The controversy raised by the question No. 1 at the instance of the department with regard to the investment allowance to a building contractor has been settled by the Supreme Court in CIT v. N.C. Buddha Raja & Co. [1993] ....