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Cit v. M/S Morris Bajai Industries, Aligarh - INCOME TAX REFERENCE No. 3 of 1996  RD-AH 1003 (7 April 2005)
INCOME TAX REFERENCE No.3 Of 1996.
Commissioner of Income-tax, Agra. Applicant
M/S Morris Bajaj Industries, Aligarh. Respondent.
Hon'ble R. K. Agrawal, J.
Hon'ble Rajes Kumar, J.
The Income Tax Appellate Tribunal, New Delhi has referred the following question of law under section 256 (1) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for opinion to this Court.
"Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that investment allowance was allowable under section 32-A on the generator ?"
The present Reference relates to the Assessment Year 1984-85.
We have heard Sri R.N. Upadhyaya, learned Standing Counsel for the Revenue and Sri Manish Goyal, learned counsel for the respondent-assessee.
It is agreed between the learned counsel for the parties that a similar question came up for consideration before this Court in I.T.R. No. 92 of 1995 decided on 05.04.2005 wherein this Court has answered the question in favour of the assessee and against the Revenue.
Respectfully following the aforesaid decision, we answer the question referred to us in the affirmative i.e. in favour of the assessee and against the Revenue. However, there shall be no order as to costs.
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