Cit vs Surya Industries Ltd.
2007 Latest Caselaw 1434 Del

Citation : 2007 Latest Caselaw 1434 Del
Judgement Date : 8 August, 2007

Delhi High Court

Cit vs Surya Industries Ltd. on 8 August, 2007

Bench: M B Lokur, S Muralidhar

ORDER

1. The following question of law has been referred for our opinion under Section 256(1) of the Income Tax Act, 1961:

Whether on the facts and in the circumstances of the case, the IT AT has erred in directing the assessing officer to allow investment allowance to the assessed-company which is a leasing company on the machinery or plant leased by it to the 3rd party and also in directing the assessing officer to consider the assessed's claim regarding brought forward investment allowance of earlier years?

2. The admitted position is that in view of the decision of the Supreme Court in CIT v. Shaan Finance (P) Ltd , the question of law is required to be answered in the affirmative in favor of the assessed and against the revenue.

3.The reference is disposed of accordingly.

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