1983 (7) TMI 22

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.... seeks a direction from this court to the Tribunal to state a case, referring the following two questions as arising out of the order of the Tribunal for the opinion of this court, namely : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee is entitled to the investment allowance of Rs. 25,607 on the plant and machinery us....

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....being 25% of the cost of machinery that could be allowed as a deduction under s. 32A. The claim was based on the view that the ginning of cotton amounted to manufacture as contemplated by s. 32A of the Act. Subsequently, on the basis of an audit note pointing out that investment allowance could not be given in regard to the ginning factory, the Commissioner initiated revisional proceedings unde....

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....nt allowance. Aggrieved by the order of the Tribunal, the Revenue has filed this reference application, seeking a reference, on the above two questions. Thus, on the facts stated above, the only question that arises here is, whether the ginning of cotton amounts to manufacture as contemplated by s. 32A of the Act. The Supreme Court has, in the case referred to above, specifically held that g....