ITR No. 22 of 1997

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

ITR No. 22 of 1997

Date of Decision: 23.9.2010

Commissioner of Income-tax, Patiala

....Petitioner.

Versus

M/s Mount Shivalik Breweries Ltd.

...Respondent.

CORAM:-

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL.

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.

PRESENT: Mr. Tajender K. Joshi, Advocate for the revenue.

Mr. S.K. Mukhi, Advocate for the assessee.

AJAY KUMAR MITTAL, J.

1.

This order shall dispose of ITR Nos. 22 and 128 of 1997

and ITA No. 86 of 2000 as common questions of law and facts are

involved therein. Being identical matters, the facts are being extracted

from ITR No. 22 of 1997.

2.

On the directions of this Court vide orders dated 15.5.1996

in ITC Nos. 61 to 63 of 1995, the Income Tax Appellate Tribunal,

Chandigarh Bench (in short “the Tribunal”) has referred the following

question of law arising out of its order dated 29.3.1994 in ITA Nos. 463

to 465/Chandi/88, for the assessment years 1983-84 to 1985-86 for its

opinion:-

“Whether on the facts and in the circumstances of

the case, the Tribunal was right in law in holding that

the assessee was eligible for investment allowance

ITR No. 22 of 1997

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