1999 (9) TMI 19

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...." The factual position as set out in the statement of case is as follows. The assessee is a public limited company mainly engaged in the business of growing tea, rubber, cardamom, etc., and also executing engineering contract works. It claimed investment allowance on computers installed in the estate offices. The Assessing Officer disallowed the claim for investment allowance on the ground that those machines are office equipment. On appeal, the Commissioner of Income-tax (Appeals) (in short "the CIT(A)") allowed the claim by referring to a decision of the Bombay High Court in CIT v. I. B. M. World Trade Corporation [1981] 130 ITR 739. The Revenue contested the correctness of such decision before the Tribunal. It was observed by the T....

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....ng previous year, then, in respect of that previous year, of a sum by way of investment allowance equal to twenty-five per cent. of the actual cost of the ship, aircraft, machinery or plant to the assessee : Provided that in respect of a ship or an aircraft or machinery or plant specified in sub-section (8B), this sub-section shall have effect as if for the words 'twenty-five per cent.', the words 'twenty per cent.' had been substituted : Provided further that no deduction shall be allowed under this section in respect of--- (a) any machinery or plant installed in any office premises or any residential accommodation, including any accommodation in the nature of a guest house ; (b) any office appliances or road transport vehicles....