COMMISSIONER OF INCOME TAX Vs. HARBHAJAN SARVJEET ASSOCIATES

JUDGEMENT

(1.) THE Tribunal, Allahabad has referred the following question of law under s. 256(1) of the IT 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, in law, justified in holding that the assessee was entitled to investment allowance under s. 32A of the IT Act, 1961 -

(2.) THE present reference relates to the asst. yr. 1985 -86.

(3.) BRIEFLY stated the facts giving rise to the present reference are as follows : "The respondent -assessee is a civil contractor. It is engaged in business of construction of bridges etc. It claimed investment allowance which was rejected by the assessing authority on the ground that it was not an industrial undertaking where the plant and machinery were installed for D the purpose of business of construction, manufacture or production of any article or thing. The order was set aside by the CIT(A) who had held that the investment allowance is admissible. In further appeal the Tribunal has upheld the order of the CIT(A)."