1996 (8) TMI 21

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e references relating to the assessment years 1983-84 and 1984-85 the question is as to whether a hotel building can constitute a plant for the purpose of claim for depreciation under section 32 of the Income-tax Act, 1961. The questions are as follows : "1. Whether, on the facts and in the circumstances of the case--- (i) the Appellate Tribunal is right in law in holding that the hotel buil....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....O [1983] 5 ITD 541. Only yesterday (August 5, 1996), we had an occasion to consider the position on the basis of plain language of section 32 of the Income-tax Act, 1961. This was in our judgment in I. T. R. No. 155 of 1991, CIT v. Damodar Corporation [1997] 225 ITR 699. We have considered the statutory provision in detail to reach a conclusion that where the assessee owns and uses buildings, m....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Appellate Tribunal in Hotel Srilekha's case [1983] 5 ITD 541. We have also considered that the centralised air-conditioning process would not go to determine the entire building as a plant. We must state that the question and the factual matrix before us also relates to the same situation. The assessee here also is engaged in the hotel business with regard to the building owned and used by him....