1997 (6) TMI 4

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....(Appeals) directing the Income-tax Officer to allow investment allowance on the ground that the mere fact that the machinery had not been used by the assessee for undertaking any manufacturing of its own could not be a ground for denying investment allowance to the assessee? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in upholding the order of the Commissioner of Income-tax (Appeals) directing the Income-tax Officer to allow extra shift allowance on the ground that it did not matter whether the assessee who had used the machinery in double shift in one of its own concerns or whether it was the lessee who had used the machinery in double shift in his own concern?" The facts of t....

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....ed for the purposes of business carried on by him" has to be construed as wholly used for the purposes of business of manufacturing carried on by him or the section should be allowed to have its natural meaning, i.e., wholly used for the purposes of business carried on by him of any nature. In our opinion, it requires no authority to substantiate that if any of the statutory provisions is plain and unambiguous admitting of no second meaning then no rule of interpretation needs to be employed. It is also well settled that while construing a fiscal statute if any doubt is entertained about the meaning of any provision having bearing on tax liability then it should be resolved in favour of the taxpayer. Analysing the provisions of sectio....