1991 (9) TMI 21

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....d by K. SHIVASHANKAR BHAT J. - The question referred to us under the provisions of the Income-tax Act, 1961 the Act " for short), is as follows : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in treating the railway sidings and locomotives as plant for the purpose of investment allowance ?" The question pertains to the assessment....

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....ce may be claimed. We are concerned here with sub-clause (b)(ii) of sub-section (2) of section 32A, the relevant portion of which says that the plant specified in sub-section (1) is any plant installed for the purposes of business of construction, manufacture or production of any one or more of the articles or things specified in the list in the Ninth Schedule. Item 1 of the Ninth Schedule specifi....

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....Ltd. [1991] 192 ITR 20, a Bench of this court considered whether an internal telephone system is plant and upheld the claim of the assessee therein. At page 24, the court observed thus: "... . . . the concept of plant cannot be limited to the actual installation of machinery which produces goods by itself. Anything which is used for the purpose of business including any installation which....