2000 (2) TMI 17 - SCH - Income Tax

Whether on the facts and in the circumstances of the case the poultry sheds should be treated as plant thereby allowing the assessee-company a higher rate of depreciation as applicable to plant and not the rate of depreciation as applicable to building - A question of law is involved and that therefore the High Court ought to have required the Tribunal to refer to it the aforestated question

Summary

The Supreme Court allowed the appeal and set aside the order under challenge. The Tribunal was directed to refer a question regarding the treatment of poultry sheds as plant for higher depreciation rate to the High Court for decision.