2004 (4) TMI 585

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..... s referred the following question for the opinion of this Court:- Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the Hotel building and also various fittings such as sanitary fittings, electricity fittings etc. were all part of the plant and, therefore, depreciation was allowable on these assets at the rate applicable to the plant? 2. For .....

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..... r Lordships have taken the view that building is not a plant for the purpose of depreciation and their Lordships have answered the question in favour of the Revenue and against the assessee holding that building which is used as a hotel or a cinema theatre cannot be given depreciation as permissible in case of plant . 4. Mr. Singhi has also brought to our notice that the issue whether sanitary .....

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