2003 (1) TMI 21

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....bunal has referred the following question for our consideration: "Whether, on the facts and in the circumstances of the case, the Tribunal erred in law in holding that the building in question was covered within the meaning of the term 'plant' for the purposes of allowance of depreciation and investment allowance?" The assessee-company claimed before the Income-tax Officer that the building ....

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....ld have sufficient support and, therefore, the structure had to be extraordinarily built. It was pleaded that in view of the peculiar features of the business of the assessee-company, the building had to be treated as a "plant". The Commissioner of Income-tax (Appeals) allowed the appeal holding that the building of the assessee is a plant and entitled for investment allowance and higher rate of d....

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....er Corporation [2001] 247 ITR 268 (SC) wherein their Lordships held that if the finding of the Tribunal to the effect that generating station building had been constructed to be an integral part of its power generation system building constituted "plant" and distinguished the decision in the case of CIT v. Anand Theatres [2000] 244 ITR 192 (SC). When the assessee claimed that this part of the b....

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....n [2001] 247 ITR 268. When the issue has not been considered by the Tribunal, in the light of the latest decision of their Lordships in the case of CIT v. Karnataka Power Corporation [2001] 247 ITR 268 (SC), we deem it proper that the Tribunal should give a specific finding of fact to the effect that the building or part of the building in this case is forming "integral part of plant and machinery....