| Case ID |
1597aeff-4ca5-4e07-bfaa-34d8612754cb |
| Body |
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| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The court determined that a question of law arises from the Tribunal's order dated December 10, 1987, regarding the consideration of the written down value of the plant and machinery for investment allowance purposes. The court directed the Tribunal to reframe the question to clarify the actual controversy and to refer it for the opinion of the court. The ruling emphasized the importance of accurately interpreting the provisions of the Income-tax Act concerning investment allowances and the specific criteria that must be met. |
| Summary |
In this case, the Allahabad High Court addressed a significant question regarding the application of the Income-tax Act, 1961, particularly focusing on Section 32A related to investment allowances. The court analyzed whether the Income-tax Appellate Tribunal correctly considered the written down value of plant and machinery in determining the aggregate value for investment allowance eligibility. The ruling underscores the necessity for precise legal interpretation and adherence to statutory requirements, ensuring that the Tribunal's decisions align with legal standards. This case highlights the complexities involved in tax law and the judicial scrutiny applied to administrative decisions, reinforcing the judicial system's role in maintaining legal integrity and taxpayer rights. |
| Court |
Allahabad High Court
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| Entities Involved |
Not available
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| Judges |
OM PRAKASH,
R.K. GULATI
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| Lawyers |
Not available
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| Petitioners |
Commissioner of Income Tax
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| Respondents |
Simbholi Industries (P.) Ltd.
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| Citations |
1989 SLD 2213,
(1989) 176 ITR 505
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| Other Citations |
Not available
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| Laws Involved |
Income-tax Act, 1961
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| Sections |
32A,
256
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