D. Biswas, J.

1. Income Tax Appeal No. 29 of 2001 and Income Tax Appeal No. 31 of 2001 under Section 260A of the Income Tax Act 1961, were admitted for hearing on the following common questions of law :

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in not upholding the order of the first appellate authority which had confirmed the Assessing Officer's order disallowing the claim of investment allowance under Section 32A of the Income Tax Act, 1961, as the nursing home/hospital of the assessee is not an industrial undertaking ?

2. Whether, on the facts and in the circumstances of the case, is not the decision of the Tribunal in directing deletion of the addition made under Section 68 of the Income Tax Act, 1961, placing reliance on the decision of the Delhi High Court in the case of Stellar Investment Ltd. [1991]192ITR287(Delhi) as erroneous and perverse ?"

3. The assessee, M/s. Down Town Hospital Limited, is a nursing home situated at Mathura Nagar, Guwahati. For the assessment years 1989-90 and 1990-91, the assessee-company claimed investment allowance of Rs. 6,30,000 and Rs. 6,62,654, respectively, under Section 32A of the Inco