2003 (4) TMI 4

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..... t for consideration under section 256(1) of the Income-tax Act, 1961 : "(1) Whether, on the facts and in the circumstances of the case, is the cinema theatre a plant entitled to depreciation and extra shift allowance as applicable to a plant? (2) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law and fact in holding that the cinema building is a tool and a .....

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..... 5 SCC 393, wherein this court has held, reversing the view taken by the High Court, that theatres remain premises and are not plants for the purposes of depreciation and extra shift allowance under sections 32, 43(3) and 33 of the Income-tax Act. In this view of the matter, this appeal is allowed and the decision of the High Court is set aside and the questions set out hereinbefore are answered in .....

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