Suresh Malpani and Co. v. Commissioner of Income-tax
1991-04-01
K.SHIVASHANKAR BHAT, R.RAMAKRISHNA
body1991
DigiLaw.ai
JUDGMENT K. Shivashankar Bhat J.--The question referred under the provisions of the Income Tax Act reads as under : "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in upholding the disallowance of the claim for investment allowance made by the Income Tax Officer under section 32A of the Act ?" 2. Following the ratio of the decision rendered in I. T. R. C. No. 184 of 1985 Mysore Construction Co. Vs. Commissioner of Income Tax, (1992) 196 ITR 105 KAR disposed of on December 6, 1990, and earlier decisions in I. T. R. C. No. 138 of 1985, etc., Shankar Construction Co. Vs. Commissioner of Income Tax, (1991) 189 ITR 463 KAR, disposed of on November 8, 1990, this question is answered in the negative and against the Revenue.