2002 (8) TMI 839

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..... r, has referred the following question for our opinion. Whether, on the facts and circumstances of the case, the ITAT was right in treating the hotel building and various fittings and equipments installed therein as plant for the purpose of allowing depreciation and investment allowance ? 2. The assessee runs the Hotel Man Singh and claimed depreciation at the rate applicable in the case .....

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..... ught to our notice the decision in the case of Indian Hotels Co. Ltd. v. ITO [2000] 245 ITR 5382 (SC) wherein their Lordships have also considered and have taken the view that by manufacture or processing of food packets, the hotel cannot be called as an industrial undertaking . Their lordships negatived the claim holding that the assessee is not entitled for special deduction as manufacturer. .....

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