1990 (1) TMI 14

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....erred by the Tribunal to this court under section 256(1) of the Incometax Act, 1961 : "Whether, on the facts and in the circumstances of the case, the incomplete railway siding under construction could be termed as 'plant' within the meaning of section 43(3) of the Income-tax Act consequent upon which the assessee was eligible for deduction ?" The assessment year involved is 1979-80 for whic....

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....considered whether the siding construction by the assessee was to be taken to be plant which was eligible for relief under section 32(1)(iii) and decided that it was so eligible. Alternatively, the Tribunal considered whether the incomplete railway siding could be treated as building even if it could not be treated as plant. The Tribunal held that the alternative argument had also great force and ....