1962 (1) TMI 4

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....KAPUR J.--This is a petition by the assessee under article 32 of the Constitution challenging the constitutionality of the second proviso to section 10(2)(vib), Income-tax Act, introduced by the Taxation Laws (Amendment) Act (28 of 1960). The relevant section with the proviso is as follows : " 10. (1) The tax shall be payable by an assessee under the head 'profits and gains of business, professi....

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....her that no allowance under this clause shall be made in respect of any machinery or plant which consist of office appliances or road transport vehicles." The petitioner is a limited company with its registered office at Madurai in the State of Madras which owns a fleet of buses and lorries and carries on the business of transport. In respect of assessment year 1960-61 it claimed a development r....