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TMI Blog2006 (9) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... ll the matter in favour of assessee - I.T. R. No. 61 of 1988 - - - Dated:- 15-9-2006 - JUDGMENT 1. Following questions of law have been referred for opinion of this Court by the Income Tax Appellate Tribunal, Chandigarh, arising out of its order dated 10.11.1987 in respect of assessment year 1981-82 : "1.Whether on the facts and in the circumstances of the case, the Appellate Tribunal w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and on a proper interpretation of the relevant provisions of law/rules, the Appellate Tribunal was right in law in allowing investment allowance on electrical installations such as exhaust fans and humidfiers?" 5. "Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in allowing tour expenses of Rs.77,713/- as revenue expenditure despite the fact t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we answer this question in favour of the assessee and against the Revenue. 4. Question Nos.2 and 4, herein, were identical to question No.5 in the said judgment. It was held (page 265) : "As regards question No.5 is concerned, it is covered by a judgment of Gujarat High Court in CIT v. Starlight Silk Mills P. Ltd. [2006] 280 ITR 257 taking a view that AC plants, electric installatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court in CIT v. Oswal Woollen Mills Ltd. (No.1) [2002] 257 ITR 737, following the same, we answer this question against the Revenue and in favour of the assessee" 6. As regards question No.5, the finding recorded by the Tribunal is that the tour was for the purpose of exploring foreign market and purchase of machinery required for modernization of existing unit. 7. In view of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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