1996 (3) TMI 11

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... under s. 256(1) of the IT Act, 1961, at the instance of the Revenue and the following question of law has been referred by the Tribunal for answer by this Court : "Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the premises used as a hotel can be treated as a plant for the purposes of depreciation at higher rate ?" 2. Brief facts ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....resaid reference has been made by the Tribunal. 3. We have heard Shri Tankha, learned counsel for the applicant, and perused the record. The Tribunal, in a detailed order, has discussed all the relevant case law on the subject and held that hotel was in the definition of a plant and, therefore, the assessee is entitled to depreciation allowance to the maximum extent. Suffice it to say that in c....