IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX REFERENCE NO. 299 OF 1998 TAX REFERENCE NO. 299 OF 1998 TAX REFERENCE NO. 299 OF 1998 The Commissioner of Income-tax. ... Applicant. V/s. Shri Deepak P. Gadre, Ratnagiri. ... Respondent. A.S.Rao for the Applicant. P.Vaidya with S.N.Inamdar for respondent. CORAM CORAM CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED DATED DATED : 29th March, 2005. : 29th March, 2005. : 29th March, 2005. P.C. P.C. P.C. : : : ---- ---- ---- . Heard learned counsel for the applicant. The tribunal has referred following question for the opinion of this Court: "Whether on the facts and in the circumstances of the case, the Tribunal is right in holding that the assessee was entitled to investment allowance as claimed?" 2. The above question has already been answered by the Apex Court in the case of Delhi Cold Storage (P) Delhi Cold Storage (P) Delhi Cold Storage (P) Ltd. Ltd. Ltd. v. C.I.T. v. C.I.T. v. C.I.T., (1991) 191 ITR 656 (SC) and Full Bench of Punjab and Haryana High Court in the case of C.I.T. v. Kissan Friends Ice Factory C.I.T. v. Kissan Friends Ice Factory C.I.T. v. Kissan Friends Ice Factory, against the assessee and in favour of revenue. In this view of the matter, the question referred is answered in negative for the reasons stated in the above referred judgments. . Reference stands disposed of accordingly with no order as to costs.