2025 (2) TMI 1970

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....R. JUSTICE PUSHPENDRA SINGH BHATI AND HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI For Petitioner(s) : Mr. Sandeep Bhandawat For Respondent(s) : Mr. K.K. Bissa ORDER: 1. By way of the instant writ petition, the petitioner has challenged the orders dated 27.03.2002 and 04.08.2006 passed by the Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur (for short 'Income Tax Tribunal'). ....

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.... 2.2. Against the said order, the petitioner preferred an appeal before the Income Tax Tribunal, which was rejected vide judgment dated 27.03.2002 while observing that the petitioner is engaged in the business of mining, raising, loading and transporting of gypsum from mines owned by RSMM and, therefore, it was not entitled to claim deduction of investment allowance as there was no manufacture or ....

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....refore, the rectification action under Section 35/154 of the Income Tax Act would be permitted and as a consequence of which, the rectification order ought to have been dismissed while treating CIT Vs. Sesa Goa Ltd. (supra) to be as law. The order dated 27.03.2002 ought to be revisited and by virtue of rectification, the point of law may be re-decided in the light of CIT Vs. Sesa Goa Ltd. (supra).....

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.... Income Tax Authority and not for Income Tax Tribunal. 5. After hearing learned counsel for the parties, this Court finds that the question of investment allowance to be allowed on plant and machinery installed for extraction has already been decided by the Income Tax Tribunal vide judgment dated 27.03.2002, whereby while relying upon the various judgments, it was held that the present petition....