2008 (2) TMI 916 - HC - Income Tax

Summary

Issues involved:
The judgment involves the following substantial questions of law:
A. Whether poultry shed constitutes plant for depreciation allowance.
B. Whether charging of interest under sections 234B and 234C was justified.
C. Whether miscellaneous income can be included for calculating rebate under section 80JJ of the Income Tax Act.

Issue A - Poultry Shed Depreciation:
The Court held that the issue of poultry shed depreciation is covered by a previous decision and the assessee is entitled to depreciation at 25 per cent.

Issue B - Charging of Interest:
The controversy regarding charging of interest under sections 234B and 234C was resolved in favor of the assessee based on a previous decision where the interest charged by the Assessing Officer was deemed not tenable.

Issue C - Miscellaneous Income for Rebate Calculation:
The Court determined that a miscellaneous income of Rs. 3,26,811 cannot be included for calculating rebate under section 80JJ of the Act, citing a decision by the apex Court which concluded that the assessee is not entitled to the benefit on this score.

The appeal was allowed in part, with no order as to costs.