2002 (12) TMI 29

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....titled to deduction under section 32A on the plant and machinery used in construction work?" Though there are three tax case references, the assessment year involved is common, viz., 1982-83. The Assessing Officer completed the original assessment of the assessee for the assessment year 1982-83 and allowed the investment allowance claimed by the assessee under section 32A of the Income-tax Act, 1961, on the plant and machinery employed in construction work. The Commissioner of Income-tax, Tamil Nadu, Chennai-34, exercised the revision power under section 263 of the Act and held that the assessee was engaged in the construction activities and hence he was not entitled to the investment allowance. Accordingly, he directed the Assessing Off....

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....the assessee on other points. The assessee preferred independent appeals against the order of the Commissioner of Income-tax (Appeals) and that is why there were three appeals before the Income-tax Appellate Tribunal and, consequently, there are three tax cases. In so far as the question regarding the allowability of the investment allowance is concerned, the Tribunal considered the matter in I.T.A. No. 2574/Mds of 1990 in the appeal preferred by the Revenue. The Tribunal held that the view of the Commissioner of Income-tax (Appeals) was in conformity with the decision of the Kerala High Court in the case of CIT v. Bhageeratha Engineering Ltd. [1992] 193 ITR 674. Consequently, the Tribunal dismissed the appeal preferred by the Revenue. T....

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....not indicate fully and appropriately the facts and circumstances of the case on which the aforesaid question of law arising for decision in the present case was decided by it. As earlier stated there is no reference to the facts of the case in the High Court's order. There is thus nothing even in the order of the Tribunal much less in that of the High Court to indicate the facts and circumstances in which the aforesaid decision of this court was applied for answering the aforesaid question of law. In such a situation examination of the same on the merits by us in the first instance, without the benefit of an accepted summary on the facts of the case being available on record would not be appropriate. It does appear to us that the position i....