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Section 32A of the Income-tax Act, 1961 - Investment allowance Refinery units [In favour of assessee] [Assessment year 1985-86] CIT v. Oswal Woollen Mills [2009] 311 ITR 230 (Punj. & Har.) In view of the decision in CIT v. Oswal Woollen Mills Ltd. [2002] 254 ITR 666, refinery units of the assessee-company were to be treated as industrial undertaking for the purpose of investment allowance.  CIT v. Oswal Woollen Mills [2009] 311 ITR 230 (Punj. & Har.) Following the decision in Britannia Industries Ltd. v. CIT [2005] 278 ITR 546 (SC), it was to be held that driver's salary is to be included while working out the disallowance under section 37(3A) [Assessment year 1985-86] [In favour of revenue]. S.K. Garg Narwana for the Appellantr. Sanjay Bansal for the Respondent. JUDGMENT 1. The following questions of law have been referred for the opinion of this court by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for short, "the Tribunal"), arising out of its order dated August 18, 1994, in ITA Nos. 612 and 631/Chandi/89, for the assessment year 1985-86: RA No. 292 "Whether, on the facts and in the circumstances of the case and on a proper interpretation of section 37(3A/3B), the Income-tax Appellate Tribunal was right in law in holding that the driver's salary was not to be included while working out the disallowance under section 37(3A) of the Income-tax Act, 1961 ?" RA No. 293 "(i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in allowing the assessee's claim on account of leave with wages/salary in spite of the fact that it was simply a provision and a contingent liability ? (ii) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the refinery units of the assessee-company as industrial undertaking for the purpose of investment allowance ?" 2. The Assessing Officer disallowed the claim for deduction to the extent of 20 per cent, in respect of the drivers' salary in view of the provisions of section 37(3B) of the Income-tax Act, 1961 (for short, "the Act"), which disallowed the expenditure on car…

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