1967 (7) TMI 43

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....The assessee is the Calcutta Tramways Company Limited and the assessment year concerned in this reference is 1958-59, the corresponding accounting year being the calendar year ending 31st December, 1957. During the accounting year the assessee-company installed new bodies on the old chassis of its tram cars which it plies in the City of Calcutta. Over and above the normal depreciation, additional ....

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....ment rebate was erroneous. The Tribunal disposed of both the appeals by a consolidated order and, relying on the decision of the Madras High Court in the case of Mir Mohd. Ali v. Commissioner of Income-tax, held that, since the tram car bodies were plant and machinery by themselves, the requirements of section 10(2) (via) and 10(2)(vib) of the Act were satisfied and both additional depreciation an....

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....e same meaning ought to be given to the word " machinery" in all the clauses, namely, clauses (iv), (v), (vi), (via) and (vib) of section 10(2) of the Income-tax Act, and that if a machine was machinery for the purpose of giving an allowance in respect of normal depreciation, it must also be machinery for the purpose of clause (vi) and clause (via). Mr. Mukherji further stated that in view of the ....