2005 (10) TMI 546

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....l, Allahabad Bench, Allahabad has referred the following question of law under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act") for opinion to this Court:- "Whether on the facts and in the circumstances of the case, the Tribunal was, in law, justified in holding that the assessee's claim for investment allowance under section 32A as well as additional depreciati....

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....r section 32A on the computer machinery installed in this unit. The assessee also claimed additional depreciation under section 31(1)(iia) on the new machinery installed in this computer unit. The assessee's claim for investment allowance under section 32A was disallowed by the Assessing Officer mainly on the ground that the computer was not used for the purpose of manufacture or production of any....

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....a) of the Act. In further appeal by the Department, the Tribunal, vide its order dated 24-5-1993 dismissed the appeal and upheld the finding of the Commissioner of Income-tax (Appeals) following its earlier decision in ITA No. 1617 (Alld.) of 1986 in the assessee's own case for the assessment year 1982-83. The Tribunal placed reliance on the Bombay High Court's decision in the case of the CIT v. I....