1986 (3) TMI 17

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...., a partnership firm, is engaged in the business of construction of roads and buildings. For the assessment year 1974-75, it claimed development rebate of Rs. 77,946 on the purchase of dumpers on the ground that the dumpers were part of machinery used for construction. The Income-tax Officer did not accept the assessee's claim holding that the dumpers were road transport vehicles. The Appellate As....

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.... : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the dumpers in the hands of the assessee were not road transport vehicles but were the tools of the business of the assessee and the assessee was entitled to get development rebate on the cost of dumpers ? " It is not necessary for us to examine the question on ....