1962 (4) TMI 117

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.... relating to depreciation allowance. The assessee derives income from a studio, where motion pictures are produced. Under rule 8 of the Rules framed under the Indian Income-tax Act, depreciation at certain rates is allowed on the assets utilised for business. For the assessment year 1950-51, the assessee claimed that he was entitled to double depreciation under the terms of the rule in respect of ....

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....however accepted the assessee's claim; but, on further appeal by the department, the Tribunal called for a report from the Income-tax Officer as to whether the buildings could be said to be factory buildings. In pursuance of the direction of the Appellate Tribunal, the Income-tax Officer submitted a report, setting out in detail the nature of the building, the works that were being conducted t....

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....e case, the Tribunal is correct in holding that the assessee's studio buildings are factory buildings entitled to double the depreciation provided for in rule 8 of the Income-tax Rules?" Prima facie, the question referred to us depends upon a question of fact. The remand report shows beyond doubt that manufacturing process was actually going on in the building and that it was a factory. It ....