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Section 256, read with section 32A, of the Income-tax Act, 1961 - Reference - Question of fact - Whether any referable question of law arose from Tribunal's order holding that assessee was entitled to investment allowance under section 32A in respect of technical know-how - Held, no FACTS For the relevant assessment year, the assessee-company claimed relief under section 32A in respect of technical know-how, which was allowed by the ITO. Thereafter, the Commissioner invoked the provisions of section 263 holding that the assessee was not entitled to relief under section 32A as claimed. On appeal, the Tribunal held that the assessee was entitled to investment allowance under section 32A in respect of technical know-how and, therefore, the Commissioner was not justified in invoking the provisions of section 263. The reference application of the revenue under section 256(1) was also rejected. On an application under section 256(2): HELD Following the decision of the Supreme Court in the case of Scientific Engg. House (P.) Ltd. v. CIT [1986] 157 ITR 86, simply because the word 'installed' is used in section 32A, technical know-how does not get excluded from the term 'plant'. Section 32A, therefore, applies to technical know-how also. Therefore, no question of law arose from Tribunal's order holding that the assessee was entitled to investment allowance on technical know-how. CASES REFERRED TO CIT v. Emco Electro (P.) Ltd. [1979] 118 ITR 864 (Bom.), Scientific Engg. House (P.) Ltd. v. CIT [1986] 157 ITR 86 (SC), CIT v.Deepa Aeronautics (P. ) Ltd. [IT Application No. 106 of 1988, dated 3-8-1990] and CIT v. Mir Mohammad Ali [1964] 53 ITR 165 (SC). G.S. Jetly, K.C. Sidhwa and Mrs. Manjula Singh for the Applicant. S.E. Dastur and B.D. Damodar for the Respondent. JUDGMENT Manohar, J. - At the instance of the department, the following questions are sought to be raised under section 256(2) of the Income-tax Act, 1961 ('the Act') for the purpose of directing the Tribunal to refer these questions to us: "1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in cancelling the CIT's order under section 263 of the Income-tax Act, 1961,…

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