2004 (4) TMI 585 - HC - Income Tax

Summary

Issues:
1. Whether the hotel building and various fittings should be considered part of the plant for depreciation calculation.

Analysis:
The case involved an application under section 256(1) of the Income-tax Act, 1961, where the Tribunal referred the question of whether the hotel building and various fittings like sanitary and electric fittings should be treated as part of the plant for depreciation. The assessee, a Limited Company running hotels, claimed depreciation on these assets as permissible on plant. The I.T.O. rejected the claim, but the CIT(A) accepted it, a decision upheld by the Tribunal.

The counsel for the respondent did not provide any instruction, while the department's counsel argued that the issue of whether a building can be considered a plant for depreciation had been settled by the Apex Court in a previous case, where it was held that a building used as a hotel or cinema theatre does not qualify for depreciation as permissible in the case of 'plant'. Additionally, the counsel pointed out a Bombay High Court decision that stated electric fittings and installation of call bells cannot be construed as part of the plant.

Based on the precedents cited, the Court concluded that the Tribunal erred in considering the hotel building and sanitary fittings as part of the plant for depreciation purposes. Therefore, the Court ruled in favor of the Revenue and against the assessee, answering the question in the negative. Consequently, the reference application was disposed of in favor of the revenue.