JUDGMENT
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 32A of the Income-tax Act, which is applicable only to the 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.