1994 (2) TMI 49

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eferred for the opinion of this court under section 256(1) of the Income-tax Act, 1961, the following question : "Whether, on the facts and in the circumstances of the case even assuming that the books containing technical know-how were kept in the office, the assessee is entitled to investment allowance in respect thereof under section 32A(1) of the Income-tax Act, 1961 ?" The assessment year .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... section 32A(1) of the Act could not apply to books containing technical know-how which were to be treated as plant. It is clear that in view of the definition of "plant" contained in section 43(3), books would be "plant" within the meaning of section 32A(1) of the Act. Therefore, these books which contained technical know-how would be "plant" within the meaning of section 32A(1) of the Act. Unde .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of "induct" or "introduce" or "placing an apparatus in position for service or use" as held by the Supreme Court in CIT v. Mir Mohammad Ali [1964] 53 ITR 165. The word "installed" would mean to place in position for service or use or to set up for service or use. The books would be installed when they would be placed for use in the premises in question. From the record, it appears that the factor .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X