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TMI Blog2000 (3) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... ether the assessee was entitled to avail of investment allowance and additional depreciation on data processing machines is the short question which arises for consideration in this appeal. The facts giving rise to this appeal briefly are as follows: The assessee is carrying on the business of data processing with the help of computers. The assessee derived income for the assessment year 1985- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g aggrieved, the Department carried the matter in appeal to the Tribunal, which dismissed the Department's appeal on the ground that the computers constituted plant and machinery, which were used by the assessee in the business of manufacturing or producing articles. The Tribunal followed the decision of this court in the case of CIT v. I. B. M. World Trade Corporation [1981] 130 ITR 739 as also t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rds used in section 32A. He also relied upon the judgment of the Supreme Court in the case of CIT v. N. C. Budharaja and Co. [1993] 204 ITR 412. He contended that the Tribunal had not considered the above two judgments. He contended that the judgment of this court in the case of CIT v. I. B. M. World Trade Corporation [1981] 130 ITR 739 has no application to the facts of this case. Hence, he conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P. Ltd. [1999] 238 ITR 1018 (Bom), the Tribunal will have to consider whether the assessee-company which was in the business of data processing could be said to have been engaged in the manufacture of articles or things with the help of the computer. We do not wish to make any observation on the facts either way as we are of the view that the impugned order passed by the Tribunal should be set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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