IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 ITR.No. 128 of 1998() --------------------- AGAINST THE ORDER DATED 19/5/1997 IN ITA 81/COCH/85 IN RA.160/COCH//1997 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPLICANT:- ----------------- M/S.ASIAN TECHS LTD; COCHIN. BY ADV. SRI.P.BALAKRISHNAN RESPONDENT:- --------------------- THE COMMISSIONER OF INCOMETAX, COCHIN. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL,GOI(TAXES) SRI.GEORGE K. GEORGE, SC FOR IT THIS TAX REFERENCE HAVING BEEN FINALLY HEARD ON 20/02/2008 ALONG WITH ITR NO. 131 OF 1998 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - I.T.R.NOs.128 to 131 of 1998 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008. JUDGMENT C.N. Ramachandran Nair, J. Since there is no appearance for the assessee/applicant, we requested Advocate Shri P. Balakrishnan, whose senior colleague was representing the assessee before the Tribunal, to assist us. Accordingly, we have heard Shri P. Balakrishnan for the assessee and learned Standing Counsel for the respondent. 2. The assessee is engaged in construction of dams, bridges, etc. The question is whether the assessee is entitled to investment allowance under Section 32A of the Income Tax Act. The issue is squarely covered against the assessee vide decision of this court in assessee's own case, reported in Commissioner of Income Tax v. Asian Techs. Ltd. (244 ITR 356) which was followed in another decision reported in Commissioner of Income -2- Tax v. Asian Techs. Ltd. (187 C.T.R. 321). We, therefore, answer the questions referred against the assessee, following the above judgments. Registry will forward copy of this judgment to the Income Tax Appellate Tribunal. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ -3- C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - I.T.R. Nos.128 to 131 of 1998 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 20th February, 2008.