1979 (6) TMI 87

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....n at 10 per cent in respect of canteen buildings instead of at 5 per cent allowed by the ITO. 2. After hearing the parties, we find that the issue is covered by the order of the Tribunal, Madras Bench 'C', in the assessee's own appeal for the asst. yr. 1972-73 in ITA No. 2038/MDS/73-74 comprising of Shri S. Ranganathan Vice-President and Shri George Cheriyan. By its order, dt. 20th Oct., 1975, ....

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....ugh the principle laid down by the Madras High Court was under the Factories Act, the same view may be taken even for income-tax purposes and that for the above reasons, the assessee would be entitled to the higher depreciation in respect of the canteen buildings as claimed. We are in agreement with the reasonings found in the above order of the Tribunal. We accordingly, uphold the order of the AA....

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....h ITO, City Circle V, Madras vs. H.S. Shivsankar, Madras(2). By order, dt. 24th April, 1978, the Tribunal held that s. 35 would apply to cases of scientific research set up as independent units and that it must be in relation to the business carried on by the assessee in order to be eligible for deduction in that business and, therefore, so long as those assets are used for scientific research it ....

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....y it to the Madras Sports Club for constituting the prize during the annual motor rally. The assessee claimed deduction under the head "advertisement". The ITO disallowed the same on the ground that it is a mere donation. On appeal, the AAC accepted the assessee's contention that the amount was paid only towards the assessee's contribution to the Grand Prix in the annual motor races and that the M....