9911796707
TMI Blog1997 (12) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... of the court was delivered by N.V. BALASUBRAMANIAN J.-Pursuant to the directions of this court in T.C.P. Nos.561 and 562 of 1983, dated April 16, 1984 (T.C. Nos. 295 and 296 of 1985), and T.C.P. No. 311 of 1984, dated December 10, 1984 (T.C. No. 1835 of 1986), the Income-tax Appellate Tribunal has referred the following questions of law under the provisions of section 256(2) of the Income tax Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in holding that the assessee is entitled to the allowance of investment allowance under section 32A of the Income-tax Act, l961? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in holding that the activities carried out by the assessee such as bleaching, dyeing, printing, etc., 'on cloth given by its customers would amount to manufacture or productio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cut into required piece lengths and packed for delivering to the customers. The assessee during the course of assessment years claimed initial depreciation for the assessment years l976-77 and 1977-78 and for investment allowance under the provisions of section 32A of the Income-tax Act, for the years 1976-77, 1977-78 and 1978-79. The Income-tax Officer rejected the claim of the assessee. The Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 33(1)(b)(B)(i) read with item 32 of the Fifth Schedule and section 32(1)(vi), respectively, of the Income-tax Act, 1961 It is not disputed by Mr. S.A. Balasubramanian, learned counsel appearing for the assessee, that the facts in the case supra are similar to the facts of this case and the said decision would apply to the facts of the case as well. Following the said decision of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of this court in CIT v. S.S.M. Processing Mills [1997] 227 ITR 596 and since, we have followed the earlier decision, we are of the opinion that, for the reasons stated therein the leave also should be granted to the assessee to appeal to the Supreme Court as against our decision in T.C. Nos. 295 and 296 of 1985, as well as T.C. No. 1835 of 1986 Accordingly, we grant leave to the assessee to ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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