2004 (9) TMI 68

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....he 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 Income-tax Appellate Tribunal was correct in law in holding that the tractors/trollies were not road transport vehicles and were, therefore, entitled to investment allowance under section 3....

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....1939, the tractor may be a motor vehicle, it was not to be used for carrying on passenger or goods. The Revenue's appeal has been dismissed by the Tribunal. We have heard Sri A.N. Mahajan, learned standing counsel for the Revenue. It may be mentioned here that the apex court in the case of CIT v. N.C. Budharaja and Co. [1993] 204 ITR 412, has held that the activity of construction of dam or cana....