9911796707
TMI Blog1996 (2) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... purchased was a plant or machinery. The Assessing Officer, however, rejected the claim on the ground that a car is ' a road transport vehicle ' within the meaning of sub-section (4) of section 32AB and, therefore, no deduction under sub-section (1) of that section was allowable. The learned CIT(A), however, allowed the claim on the ground that car was not a road transport vehicle. On the matter being brought in second appeal by the revenue, the Tribunal held, by its aforesaid order, that car was a road transport vehicle and, therefore, any amount utilised for the purpose of purchase of motor car shall not be entitled to deduction under section 32AB. 3. The assessee now, by its present application, has stated that the price of the car was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of Rs. 20,000 separately and, there is, thus, a mistake in its appellate order. According to the learned counsel, the Entry (c) in sub-section (4) of section 32AB comes into play only in respect of the utilisation of the amount under clause (b) of sub-section (1) of section 32AB and not under clause (a) of that sub-section. 5. We have considered the contention made on behalf of the assessee and find that there is no merit in it. There cannot be any manner of doubt that sub-section (4) of section 32AB covers both the clauses (a) and (b) of sub-section (1). The opening part of sub-section (4) reads as under : " No deduction under sub-section (1) shall be allowed in respect of any amount utilised for the purchase of--- (a) .......... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntained in sub-section (4) of that section. In this view of the matter, we hold that the Tribunal while allowing the departmental appeal has rejected the assessee's claim of Rs. 41,195 as a whole and, therefore, no separate dealing of the component of Rs. 20,000 was necessary. It is obvious that the provision of sub-section (4) controls the provision of sub-section (1) of section 32AB and a collective reading of the two provisions makes it abundantly clear that where a restriction contained in sub-section (4) is otherwise attracted a claim cannot succeed even if it falls within the ambit of clause (b) of sub-section (1) of section 32AB. We thus find that there is no mistake -- apparent or other -- from the record so as to call for the recti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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