1997 (12) TMI 30

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....NIAN J.-At the instance of the assessee, the Appellate Tribunal has stated a case and referred the following questions of law for our consideration under section 256(1) of the Income-tax Act, 1961, for the assessment year 1979-80. "1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the assessee is not entitled to investment allowance ....

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.... in the assessee's own case, in an unreported judgment in T.C. Nos. 295, 296 of 1985, 1835 of 1986-since reported in CIT v. United Bleachers Ltd. [2000] 241 ITR 291 (Mad) and 312 of 1989-United Bleachers Ltd. v. CIT (No.1) [2000] 241 ITR 293 (Mad), dated December 22, 1997, following an earlier decision of this court held that the assessee was not entitled to investment allowance under section 32A ....

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.... worked double shift or triple shift and does not require to be calculated on the basis of the number of days a particular item of machinery or plant had worked double shift. Since the view of the Appellate Tribunal is in conformity with the decision of the Supreme Court the second question of law referred to us is liable to be answered in favour of the assessee and, accordingly, we answer ques....