TaxTMI 
TaxTMI 
1993 (1) TMI 50
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....s court dated August 9, 1991, on a reference made under section 256(1) of the Act. The question referred to this court by the Income-tax Tribunal was whether the assessee who had been carrying on hotel business was entitled to extra depreciation allowance and also extra shift depreciation allowances. This court answered the said question in the negative by saying that the assessee is entitled only....
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....ncome-tax Rules, 1962, where the hotel is one approved by the Central Government for the purposes of section 33 of the Act. In the present application under section 261 of the Act the said judgment has been assailed as based on reasoning prima facie fallacious and self-contradictory. In this application, the following substantial questions of law are contended to have arisen which require to be ....
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....he submissions of Dr. Pal, learned counsel appearing for the assessee. To our mind, the view we have taken is far from being fallacious and is conformable with the manifest intention of the notes below item No. III(iii) of Part I of Appendix I to the said Rules. That the extra shift depreciation allowance is referable to a factory or concern is clear from the notes under the heading "Extra shift d....