1994 (3) TMI 13

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pellate Tribunal, Ahmedabad, Bench "A", has referred, for the opinion of this court, the following question under section 256(1) of the Income-tax Act, 1961: "Whether, in view of the facts and circumstances of the case, the Tribunal was right under law in holding that the extra shift allowance on electrical machinery was not allowable ?" The relevant assessment year is 1974-75. The assessee ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....estion as to whether the electrical machinery shall fall within the description of item III(iv)(1) or whether the machinery formed part and parcel of the textile machinery as a whole, was a matter which could be decided only after some enquiry and on which two opinions could exist. The Commissioner of Income-tax, therefore, set aside the rectification order made by the Income-tax Officer. On appea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of rates at which depreciation is admissible is prescribed in Part I of Appendix I to these Rules. Item III(iv) deals with extra shift depreciation allowance. It has been, inter alia, provided therein that the extra shift allowance shall not be allowed in respect of the items of machinery and plant enumerated therein. The relevant portion of the said item reads as under: "The extra shift allow....