1998 PLP 3110 (PTD)
COMMISSIONER OF INCOME-TAX Versus SHARVAN COLD STORAGE AND GENERAL MILLS
| Citation | 1998 PLP 3110 (PTD) |
| Forum / Court | 222 I T R 670 |
| Bench Members | B.M. Lal and M. C. Agarwal, JJ |
| Parties | COMMISSIONER OF INCOME-TAX Versus SHARVAN COLD STORAGE AND GENERAL MILLS |
| Primary Law | Income-tax |
Q1: What are the key laws and sections cited in 1998 PLP 3110 (PTD)?
This judgment primarily cites: Income-tax as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 3110 (PTD)?
The case was heard and decided by the 222 I T R 670 bench comprising: B.M. Lal and M. C. Agarwal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 3110 (PTD) (COMMISSIONER OF INCOME-TAX Versus SHARVAN COLD STORAGE AND GENERAL MILLS). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Bharatji Agarwal for Appellant.
- R.K. Mishra for Respondent.
Headnotes / Summary
Investment allowance
Withdrawal of investment allowance in respect of electrical installations, racks, plant and machinery in cold storage plant in rectification proceedings--Whether proper
Indian Income Tax Act, 1961, Ss. 154 &
256. Held, that the question whether the cold storage being not entitled to investment allowance of Rs.1,20,818 in respect of electrical installations, racks, plant and machinery, in view of section 32-A of the Indian Income Tax Act, 1961 which is applicable only to the business of manufacture or production of any article or thing such allowance was erroneous and whether the mistake was liable to be rectified under section 154 of the Act was a question of law
Judgment & Decree
Heard Sri Bharatji Agarwal, learned counsel for the Revenue and Sri R.K. Mishra, learned counsel for the assessee. This is an application under section 256(2) of the Income Tax Act, 1961. Having heard learned counsel for the parties, we are of the opinion that the following question of law does arise out of the order passed by the Tribunal: "Whether the cold storage being not entitled to investment allowance of Rs.1,20,818 in respect of electrical installations, racks plant and machinery, in view of section 32-A of the Income Tax Act, which is applicable only to business of manufacture or production of any article or thing hence the mistake was liable to be rectified under section 154 of the Act." The Tribunal is directed to draw up a statement of the case and refer the aforementioned question of law to this Court. M.B.A./1581/FC Order accordingly.