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CIT versus M/S MORRIS BAJAI INDUSTRIES, ALIGARH

High Court of Judicature at Allahabad

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Cit v. M/S Morris Bajai Industries, Aligarh - INCOME TAX REFERENCE No. 3 of 1996 [2005] RD-AH 1003 (7 April 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court no.37

INCOME TAX REFERENCE No.3 Of 1996.

Commissioner of Income-tax, Agra. Applicant

Versus

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.

07.04.2005.

VS.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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