2009 (7) TMI 27

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....Jain, Advocate for the respondent. JUDGMENT ADARSH KUMAR GOEL, J. - The Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh has referred following question of law for opinion of this Court, arising out of its order dated 8.1.1992 in ITA No. 142/Chandi/87, for the assessment year 1982-83:- "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right....

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....4/Chandi/87, for assessment year 1982-83 dated 7.1.1992, annexed as Annexure 'C' to the statement of the case, without examining the objection of the revenue that investment allowance was not admissible on the weigh bridge, in view of Clause (b) of sub Section 2 of Section 32-A of the Act, as the weigh bridge was not machinery or plant used in manufacture or production of an article or thing nor i....

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....ent was not noticed by the Tribunal. He also relies upon the judgment of Hon'ble the Supreme Court in Commissioner of Income Tax Vs. Shri Arbuda Mills Ltd. (1998) 231 ITR 50 and judgment of Bombay High Court in Commissioner of Income Tax Vs. Ratilal Bacharilal and sons (2006) 282 ITR 457 (Bom), taking the same view. 6. This position could not be disputed by learned counsel for the revenue. 7....