1979 (7) TMI 37

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....r s. 256(1) of the I.T. Act (in T.C. 468 of 75) has been made for obtaining the opinion of this court on the following question : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee-company is a factory engaged in the manufacture of plastic goods and it is, therefore, entitled to depreciation at the higher rate of 15% under....

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....ore, was entitled to depreciation at 15%. It is this decision that is the subject-matter of the reference. The other reference raising the identical question is for the assessment year 1974-75. Excepting for the figures there is no, difference in facts for that year. The nature of the manufacture has been described by the AAC as follows : " In the instant case, the plant and machineries w....

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....d plant used in rubber and plastic goods factory will be entitled to the higher or special rate of depreciation of 15%. But in the present case the manufactured goods are insulated wires. Only for the purpose of insulation rubber or plastic materials are used and, therefore, it is not possible to treat the assessee as manufacturing rubber and plastic goods. Though the entry in this appendix has to....