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TMI Blog2009 (1) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... 19th Dec., 2006 rendered in ITA Nos. 363 370/Jd/2001 (for the asst. yr. 1998-99), by the Tribunal, Jodhpur Bench by which the appeal filed by the assessee as well as Revenue has been partly allowed for statistical purpose only. 2. According to Mr. K.K. Bissa, learned counsel following substantial question of law arises out of the order of the Tribunal : Whether on the facts and in the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ledger accounts and the photocopies of invoices, but the AO failed to consider these evidences. However, CIT(A) allowed the claim of investment allowance. 4. While answering the aforesaid ground the Tribunal has held that total investment in the plant and machinery was ₹ 30,82,291 on which claim of investment allowance was made at ₹ 6,16,458 for which necessary note was appended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt particulars, vide letter dt. 12th March, 2001 it was made clear that in case the income of the assessee comes to positive, benefit of investment allowance may please be given. The Tribunal observed that it is true that originally the assessee had not created a requisite reserve, but it created reserve in the revised audited balance sheet for the year ended 31st March, 1996 and utilized the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he substantial question of law has arisen out which requires to be answered by this Court. The question of law which is formulated by the learned counsel for the appellant is not a question of law but a question of fact. 7. Seen in the above context, instant appeal lacks merit as no substantial question of law is involved in this appeal, therefore, the same deserves to be dismissed at the admis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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