2002 (10) TMI 8

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....These two appeals are filed by the Commissioner of Income-tax, Thiruvananthapuram, against a common order of the Income-tax Appellate Tribunal, Cochin Bench in I.T.A. No. 756 (Coch.) of 1995 and I.T.A. Nos. 446 (Coch.) of 1998 and 447 (Coch.) of 1998. I.T.A. No. 756 of 1995 before the Tribunal was filed by the respondent-assessee in respect of the assessment year 1992-93 and I.T.A. Nos. 446 and 44....

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....rs of the Tribunal have to be set aside and the appeals have to be allowed. Though notice was served on the respondent-assessee there is no appearance for the respondent. Since the senior standing counsel submitted that the matter is covered by the Supreme Court decision, we have perused the orders of the Income-tax Appellate Tribunal and the decision of the Supreme Court in Anand Theatres' cas....

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....a hotel or theatre cannot be given depreciation as plant. In view of the said decision of the Supreme Court the question on which notice has been issued, viz,: "Whether, on the facts and in the circumstances of the case, and also in the light of the decision of the Supreme Court in Anand Theatres' case [2000] 244 ITR 192, the Tribunal is right in law and fact in holding that the pond in the cas....