JUDGMENT 1. In this Reference u/s 256(1) of the Income Tax Act, 1961, the following question of law has been referred for our opinion:- Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the Assessee company is entitled to investment allowance on plant and machinery used in the construction business/P> It has been held by the Supreme Court in Commissioner of Income Tax, Orissa and Others Vs. N.C. Budharaja and Company and Others, AIR 1993 SC 2529 that a construction company is not an industrial undertaking. Consequently, it is not entitled to claim investment all allowance. 2. The question of law referred for our opinion is answered in the negative, in favour of the Revenue and against the Assessee. The Reference is disposed of accordingly.