2009 (1) TMI 900

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....al filed under s. 260A of the IT Act, 1961 is directed against the judgment dt. 19th Dec., 2006 rendered in ITA Nos. 363 & 370/Jd/2001 (for the asst. yr. 1998-99), by the Tribunal, Jodhpur Bench by which the appeal filed by the assessee as well as Revenue has been partly allowed for statistical purpose only. 2. According to Mr. K.K. Bissa, learned counsel following substantial question of law a....

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.... vide letter dt. 14th March, 2001 it had given a complete list along with copies of ledger accounts and the photocopies of invoices, but the AO failed to consider these evidences. However, CIT(A) allowed the claim of investment allowance. 4. While answering the aforesaid ground the Tribunal has held that total investment in the plant and machinery was Rs. 30,82,291 on which claim of investment ....

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....lowance reserve, it was contended that before the completion of assessment particulars, vide letter dt. 12th March, 2001 it was made clear that in case the income of the assessee comes to positive, benefit of investment allowance may please be given. The Tribunal observed that it is true that originally the assessee had not created a requisite reserve, but it created reserve in the revised audited....