1990 (9) TMI 30

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....A J. -The Tribunal has, at the instance of the Department, referred to this court the following two questions as questions of law under section 256(1) of the Income-tax Act, 1961 : "1. Whether, on the facts and in the circumstances of the case, depreciation was allowable to the assessee on the price paid for the acquisition of drawings, specifications and technical data as they are 'plant' as d....

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....tter is pending in the Supreme Court. It is, therefore, necessary to clarify that in case this court's judgment is reversed by the Supreme Court, the assessee will be entitled to depreciation. In the above view of the matter, while the question is answered in the negative and in favour of the Revenue, the Department is directed to allow the assessee depreciation as allowed by the Tribunal in case ....