1998 (6) TMI 28

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....BU J.---The question referred to us at the instance of the assessee arising out of the assessment of the assessee's income for the assessment year 1982-83 is as to whether, on the facts and circumstances of the case, the Tribunal was right in holding that the claim for extra depreciation allowance is not allowable. The assessee is a hotel having five star facilities in Covelong village. For the....

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....eciation allowance was not withdrawn. The extra depreciation allowance continued to be allowable. The fact that the development rebate was withdrawn did not have the effect of deleting the provision for extra depreciation allowance in sub-item (iii) of item III of Part I of Appendix I to the Income-tax Rules, 1962. The Tribunal has misled itself in holding that the extra depreciation allowance ....