2006 (8) TMI 109

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....eference has been made by the Income-tax Appellate Tribunal on certain questions along with reference papers, photostat copy of the order passed by the Tribunal is also annexed as Annexure "C". A perusal of the said order would indicate that it is illegible and things cannot be read conveniently. After putting an extra effort and strain on the eyes, we were required to go through the order. We ask the High Court Registry to send complete papers to the Vice President, Income-tax Appellate Tribunal so that he can go through the Reference papers and return the same back to this Court, as this Court is a Court of records and is required to keep such papers, which otherwise are illegible. 3. It is equally unfortunate that the Department/Revenue....

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.... learned Counsel for the Revenue, submitted that the Income tax Officer went wrong in granting investment allowance on the cost of dumpers and water tank treating these items as plant. He submits that the assessee is engaged in the work of road construction on a large scale through out the State of Gujarat and in any case, construction of road would not be an industrial activity and would not amount to production or manufacture of an article or a thing. The Assessing Officer was unjustified in granting the investment allowance and the Tribunal was unjustified in reversing the order passed by the Commissioner of Income-tax (Appeals) under section-263 of the Income-tax Act. 7. Section-32A of the Act was placed before the Supreme Court for it....