COMMISSIONER OF INCOME TAX Vs. GANESH STEEL INDUSTRIES

JUDGEMENT

(1.) THE Tribunal, Chandigarh Bench, Chandigarh has referred following question of law for opinion of this Court, arising out

(2.) THE assessee is running a rolling mill and claimed investment allowance in respect of weigh bridge under s. 32A of the IT Act, 1961 ('the Act'), which was allowed by the assessing authority. Against the order of assessment, appeal of the assessee was decided. Thereafter, the CIT invoked his jurisdiction under s. 263 of the Act and set aside the assessment order and directed the AO to re -examine the claim of the assessee and give reasons for the allowance. Appeal of the assessee was, however, allowed by the Tribunal following its earlier order in the case of Yash Pal Garg & Co. (P) Ltd. case, without examining the objection of the Revenue that investment allowance was not admissible on the weigh bridge, in view of cl. (b) of sub -s. (2) of s. 32A of the Act, as the weigh bridge was not machinery or plant used in manufacture or production of an article or thing nor it is used for the purpose of business of generation or production of electricity.

(3.) THE Tribunal held that once order of assessment had been appealed against, the same could not have been thereafter subjected to revision under s. 263 of the Act.