United Bleachers Ltd. vs Commissioner of Income Tax (No. 1)

N.V. Balasubramanian, J.—This is a reference at the instance of the assessee and the Appellate Tribunal has referred the following question

of law for the assessment year 1982-83 for our consideration :

Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the assessee is not entitled to investment

allowance u/s 32A of the Income Tax Act in respect of machinery installed in the account year ?

We have set out the facts in detail in the judgment delivered by us in Tax Cases Nos. 295 and 296 of 1985 and 1835 of 1986 Commissioner of

Income Tax Vs. United Bleachers Ltd., ) of even date. Since the facts are similar, we are of the opinion that the earlier decision of this court

reported in the case of Commissioner of Income Tax Vs. S.S.M. Processing Mills, , and the decision in Tax Cases Nos. 295 and 296 of 1985

and 1835 of 1986 ( Commissioner of Income Tax Vs. United Bleachers Ltd., ), dated December 22, 1997, rendered in the assessee''s own case,

would govern the facts of the case also and following the said decisions we hold that the Tribunal was justified in holding that the assessee is not

entitled to investment allowance u/s 32A of the Income Tax Act in respect of machinery installed in the accounting year and we answer the

question of law referred to us in the affirmative and against the assessee.

At the time of conclusion of our judgment, Mr. S. A. Balasubramanian, learned counsel for the assessee, prays for an oral leave of this court to

appeal to the Supreme Court of India on the ground that this court has granted leave to appeal to the Supreme Court in Commissioner of Income

Tax Vs. S.S.M. Processing Mills, , It is seen that this court has granted leave to the assessee to appeal to the Supreme Court as against the

decision in T. C. Nos. 295, 296 of 1985 and T. C. No. 1835 of 1986 ( Commissioner of Income Tax Vs. United Bleachers Ltd., ), dated

December 22,1997, on the ground that this court has granted leave to appeal to the Supreme Court as against the decision of this court in

Commissioner of Income Tax Vs. S.S.M. Processing Mills, , and since we have followed the earlier decisions, we are of the opinion, that for the

reasons stated therein the leave also should be granted to the asses-see to appeal to the Supreme Court as against our decision in this tax case, as

well. Accordingly, we grant leave as prayed for by learned counsel for the assessee.