2004 (4) TMI 585

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....n an application under section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following question for the opinion of this Court:- "Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the Hotel building and also various fittings such as sanitary fittings, electricity fittings etc. were all part of the plant and, therefore, dep....

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.... considered by the Apex Court in CIT v. Anand Theatres [2000] 244 ITR 192 1 wherein their Lordships have taken the view that building is not a plant for the purpose of depreciation and their Lordships have answered the question in favour of the Revenue and against the assessee holding that building which is used as a hotel or a cinema theatre cannot be given depreciation as permissible in case of ....