1997 (7) TMI 45

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....specially taking into consideration the fact that the Barium Carbonate (Expansion) Plant has been treated as a separate industrial undertaking for the purpose of allowing deduction under section 80J on it, the Tribunal was right in holding that the entire operations carried on by the assessee were the operations of one concern and in allowing, in that view, the claim of the assessee for extra-shift depreciation allowance in respect of the plant and machinery comprised in the said Barium Carbonate (Expansion) Plant even though that particular unit had worked only for 43 days during the year?" We heard learned standing counsel for the Revenue as well as learned counsel for the assessee. The issue raised in this case relates to the claim pu....

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....depreciation allowance, even though one of the units had worked for less than 300 days. Learned standing counsel for the Revenue contends that what has to be considered under the instruction is the claim of extra-shift allowance in respect of the factory. Where a concern has more than one factory, extra-shift allowance will be regulated for each factory in accordance with the circular and the instruction. The assessee which is having more than one factory cannot be treated as one unit and extra-shift allowance cannot be claimed or granted taking it as one unit. Learned counsel pointed out that a decision of a Bench of this court in I.T.R, No. 92 of 1991 in the case of the assessee itself does not lay down correct law. Learned counsel for....