2000 (3) TMI 13

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....ing. Whether the assessee was entitled to avail of investment allowance and additional depreciation on data processing machines is the short question which arises for consideration in this appeal. The facts giving rise to this appeal briefly are as follows: The assessee is carrying on the business of data processing with the help of computers. The assessee derived income for the assessment year....

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..... Being aggrieved, the Department carried the matter in appeal to the Tribunal, which dismissed the Department's appeal on the ground that the computers constituted plant and machinery, which were used by the assessee in the business of manufacturing or producing articles. The Tribunal followed the decision of this court in the case of CIT v. I. B. M. World Trade Corporation [1981] 130 ITR 739 as ....

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....he words used in section 32A. He also relied upon the judgment of the Supreme Court in the case of CIT v. N. C. Budharaja and Co. [1993] 204 ITR 412. He contended that the Tribunal had not considered the above two judgments. He contended that the judgment of this court in the case of CIT v. I. B. M. World Trade Corporation [1981] 130 ITR 739 has no application to the facts of this case. Hence, he ....