2001 (6) TMI 45

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....pplication under section 256(2) of the Income tax Act, 1961, the Tribunal has referred the fallowing question set out at page 2 of the paper book : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in directing the Assessing Officer to allow investment allowance on trailers ?" The assessee-company derived income by sale of tea grown and manufactur....

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....ner of Income-tax (Appeals) has also upheld the view taken by the Income-tax Officer. In appeal before the Tribunal, the Tribunal has held that the trailers employed for carriage of leaves form part of machinery used in the integrated business of manufacture and sale of tea. Therefore, the investment allowance on the trailers should not be disallowed. Learned counsel for the Revenue submits that t....

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.... investment allowance. The assessee has claimed from the very beginning that these leaves carrying basket trailers are used only for transporting the green leaves to the factories within the tea garden. They never used for any other purpose on the public roads for transportation of any material. That fact has not been disputed by the Revenue authorities. When these leaves carrying basket traile....