1999 (9) TMI 56 - HC - Income Tax

Summary

Issues:
1. Entitlement to concessional rate of tax for a company.
2. Classification of hotel building as a plant and eligibility for investment allowance.
3. Determination of the assessee as an industrial undertaking under section 32A.
4. Denial of investment allowance on additions to plant and machinery.
5. Entitlement to extra shift allowance on the building.

Analysis:
1. The first issue pertains to whether the assessee is entitled to a concessional rate of tax applicable to companies other than a trading or investment company. The High Court concluded that the matter was settled by previous court decisions and ruled in favor of the assessee.

2. The second issue involves the classification of a hotel building as a plant and the eligibility of the assessee for investment allowance under section 32A of the Income-tax Act. The court referred to previous judgments, including one where it was held that a hotel building is indeed a plant. However, the court ruled against the assessee regarding the equipment used in the kitchen and store room for producing food materials, denying the investment allowance.

3. The third issue revolves around determining whether the assessee qualifies as an industrial undertaking engaged in the production of an article or thing as per section 32A of the Income-tax Act. The court relied on a previous decision and ruled against the assessee, denying the investment allowance.

4. The fourth issue questions the denial of investment allowance on additions to plant and machinery. The court did not provide a specific answer to this issue, as it was deemed unnecessary due to the rulings on other related questions.

5. The final issue concerns the entitlement of the assessee to extra shift allowance on the building as if it were a plant. The court referred to a previous apex court decision and ruled in favor of the assessee, granting the extra shift allowance.

In conclusion, the High Court addressed various issues related to tax entitlements and investment allowances for the assessee, ruling in favor of the assessee on some aspects while denying relief on others based on legal precedents and interpretations of relevant provisions of the Income-tax Act.