The Cit City-X v. United Diagnostic International Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.73 OF 2004 The CIT City-X ..Appellant Versus United Diagnostic International Ltd.,..Respondents ---- Mr.P.S.Sahadevan for the appellant. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 4.2.2008 PC 1. Revenue has preferred this appeal on the following question of law :- "Whether on the facts and circumstances of the case and in law, the Hon’ble ITAT, was justified in deleting the addition made by the Assessing Officer on account of disallowance of Investment allowance under the provisions of Section 32A of Income Tax Act, following the decision of the Hon’ble Gauhati High Court in case of CIT Vs.M.L.Agarwalla (1999) 238 ITR 603 (Gauhati) ?" 2. The Tribunal noted that the Commissioner of appeals allowed the appeal of assessee following the decision of this Court in CIT Vs.IBM World Trade : 2 : Corporation reported in 130 ITR 739 (Bom). The Corporation Corporation Gauhati High Court has also taken a similar view in CIT Vs. M.L.Agarwalla (1999) 238 ITR 603 (Gauhati). 3. Considering the above, question as framed answered in favour of the assessee. 4. Appeal stands dismissed. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)