- (1.) HAVING heard, counsel for the applicant, we are of the opinion that the following two questions are questions of law arising out of the appellate order of the Income-tax Appellate Tribunal : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the tractor was not a road transport vehicle and that investment allowance under Section 32A should be allowed on the actual cost of the tractor to the assessee ? (2) Whether the Tribunal was legally correct in directing the Income-tax Officer that the investment allowance should be allowed to the assessee according to the provisions of Section 32A of the Income-tax Act ?"
(2.) WE accordingly direct the Income-tax Appellate Tribunal, Delhi Bench, New Delhi, to draw up a statement of the case and refer these two questions to this court for its opinion. Since the assessee has not appeared to oppose this application, there shall be no order as to costs.;