COMMISSIONER OF INCOME TAX Vs. V GANESAN

JUDGEMENT

(1.) AT the instance of the Department, the Tribunal, has referred the following question of law for our opinion under s. 256(1) of the IT Act, 1961, for the asst. yr. 1980-81 :

(2.) THE assessee an individual, takes contracts for construction of buildings for different parties. During the assessment proceeding, for the asst. yr. 1980-81, the assessee claimed investment allowance on 14 different items which are listed as under :

(3.) THE Supreme Court in the case of CIT vs. N. C. Budharaja & Co. (supra) clearly held that the assessee (sic-engaged in) construction of building is not entitled to investment allowance under s. 32A of the Act as the said provision did not comprehend within its ambit construction of a dam, a bridge, a building, a road, a canal and other similar constructions.