1984 (1) TMI 21

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.... reference petition, the assessee seeks a direction to the Tribunal to refer the following two questions for the opinion of this court. " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the claim of investment allowance is not available to the applicant ? 2. Whether the Tribunal was right in holding that the assessee is not manufactur....

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.... on the ground that the assessee is not manufacturer of iron and steel, but it merely used iron and steel manufactured by others in the process of manufacture of tin containers and, therefore, the assessee is not entitled to claim investment allowance in respect of the machineries installed and used by it. Aggrieved by the order of assessment, the assessee preferred an appeal before the Commission....

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....als) rejected the assessee's contention and confirmed the order of the assessing authority. The assessee took the matter on a further appeal to the Income-tax Appellate Tribunal. The Tribunal also confirmed the order of the Commissioner of Income-tax (Appeals) after giving a finding that the assessee is only a manufacturer of metal containers and that the metal containers produced by the assessee ....

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....estment allowance could be claimed. Therefore, the main question for our consideration in this case is to find out whether the assessee is the manufacturer of any of the items in the Ninth Schedule so as to enable it to claim investment allowance in respect of the machinery used in the manufacture. The assessee claimed investment allowance on the basis that it is manufacturing iron and steel (meta....