2001 (11) TMI 43

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....The Tribunal has held that the claim that has been made by the assessee for depreciation and investment allowance on newly installed machinery was made bona fide by placing reliance on the decision in the case of V. Ramakrishna and Sons Ltd. v. CIT [1984] 149 ITR 554 (Mad), wherein it has been held that the user of the machinery in test production or experimental manufacture was still user for the....

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....ed on a decision of this court. The fact that the assessee subsequently withdrew the claim did not show that there had been deliberate furnishing of inaccurate particulars by the assessee when it filed the original return. The fact that it had subsequently withdrawn the claim, also on that account alone did not establish that there was a deliberate attempt on the assessee's part to claim a benefit....