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TMI Blog1997 (6) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer to allow investment allowance on the ground that the mere fact that the machinery had not been used by the assessee for undertaking any manufacturing of its own could not be a ground for denying investment allowance to the assessee? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in upholding the order of the Commissioner of Income-tax (Appeals) directing the Income-tax Officer to allow extra shift allowance on the ground that it did not matter whether the assessee who had used the machinery in double shift in one of its own concerns or whether it was the lessee who had used the machinery in double shift in his own concern?" The facts of the case are simple and short. The ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on by him" has to be construed as wholly used for the purposes of business of manufacturing carried on by him or the section should be allowed to have its natural meaning, i.e., wholly used for the purposes of business carried on by him of any nature. In our opinion, it requires no authority to substantiate that if any of the statutory provisions is plain and unambiguous admitting of no second meaning then no rule of interpretation needs to be employed. It is also well settled that while construing a fiscal statute if any doubt is entertained about the meaning of any provision having bearing on tax liability then it should be resolved in favour of the taxpayer. Analysing the provisions of section 32A of the Act by keeping at the forefr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by us, section 32(ii) of the Act provides for grant of depreciation. This section, inter alia, provides that in respect of depreciation of machinery, plant, etc., owned by the assessee and used for the purpose of business or profession certain deduction will be admissible. The basic requirement for claiming this deduction as well is the same as for claiming the investment allowance dealt with by us in the foregoing paragraphs. Therefore, for those very reasons, we hold that the assessee is entitled for extra shift allowance as well. Accordingly, we answer both the questions in the affirmative and in favour of the assessee and against the Department. In the circumstances, there will be no order as to costs. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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