COMMISSIONER OF INCOME TAX Vs. HANSA CINE EQUIPMENTS

JUDGEMENT

(1.) THE Commissioner of Income-tax, Tamil Nadu-IV, Madras, seeks direction of this court to refer' the question.

(2.) THE assessee-firm, Hansa Cine Equipments; No. 87, Mount Road, Madras-2, filed returns for the assessment years 1987-88 and 1990-91. THE Income-tax Officer rejected its claim for investment allowance under Section 32A of the Income-tax Act, 1961. THE assessment was confirmed by the Commissioner. On appeal before the Tribunal, the Tribunal followed its earlier decision in the case of the assessee's firm for the assessment year 1985-86 passed in I. T, A, No. 1203/Mds, of 1990, dated May, 1994, and held that the assessee would be entitled to investment allowance if it were a small scale undertaking and remanded the matter. Aggrieved against the order, the Department has preferred this tax case petition under Section 256(2) of the Income-tax Act.