1990 (9) TMI 68

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....x Act, 1961, the Tribunal has referred the following question for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the cinema building and the tube lights together with fittings do not constitute plant within the meaning of section 43(3) of the Income-tax Act, 1961, and, consequently, the assessee was not ent....

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....nema with the fittings and fixtures does not constitute "plant" is that, according to the provisions of the Cinematograph Act, 1952, and the Cinematograph Rules, a permanent building is not necessary for carrying on cinema business. On this basis, the Tribunal held that the building is not an integral part of the business asset. Accordingly, it held that the permanent building required for running....