| Citation(s) |
|---|
| 2001 SLG 194 2001 SLD 194 2001 PTD 1410 (2000) 245 ITR 5 (2002) 85 TAX 47 |
Supreme Court of India
C. A. No. 3014 of 1999, decision dated: 11-05-1999.(Appeal by special leave from the judgment and order, dated September 21, 1998, of the Andhra Pradesh High Court in Income tax Case No. 49 of 1998)
B. N. KIRPAL AND S. RAJENDRA BABU, JJ
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C. A. No. 3014 of 1999, decision dated: 11-05-1999.(Appeal by special leave from the judgment and order, dated September 21, 1998, of the Andhra Pradesh High Court in Income tax Case No. 49 of 1998)
B. N. KIRPAL AND S. RAJENDRA BABU, JJ
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COMMISSIONER OF INCOME TAX
VS
BHOORATNAM & CO.
Law: Income Tax Act, 1961
Section: 32A,154,256
(a) Income-tax----Reference---Investment allowance---Investment allowance whether can be claimed for excavator used at site---Question of law---Indian Income Tax Act, 1961, Ss.32A & 256. (b) Income-tax--- ----Reference---Rectification - of mistakes---In proceeding under S.154 whether Assessing Officer can verify which machinery was used for contract work---Question of law---Indian Income Tax Act. 1961, Ss.154 & 256--[CIT v. Bhoortnam & Co. (1999) 238 ITR 674 reversed]. Held, reversing the of the High Court, that (i) whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct ire law in allowing investment allowance under section 32A of the Income Tax Act, 1961, on the excavator which was used for excavation of earth at site, and (ii) whether, on the fact and in the circumstances of the case, the Appellate Tribunal was correct in holding that the Assessing Officer could not verify which machinery was used for contract work in proceedings under section 154, were questions of law which had to be referred to the High Court. CIT v.…
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