9911796707
TMI Blog1967 (7) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... were allowable in respect thereof u/s 10(2)(via) and 10(2)(vib) - - - - - Dated:- 14-7-1967 - Judge(s) : B. N. BANERJEE., K. L. ROY. JUDGMENT K. L. Roy J.- This is a reference under section 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as the Act). The assessee is the Calcutta Tramways Company Limited and the assessment year concerned in this reference is 1958-59, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee and the department appealed to the Tribunal against the aforesaid order of the Appellate Assistant Commissioner, the department claiming that the allowance of additional depreciation was wrong whereas the assessee claimed that the disallowance of the claim for development rebate was erroneous. The Tribunal disposed of both the appeals by a consolidated order and, relying on the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0(2)(vib) of the Income-tax Act, 1922?" Mr. S. Mukherji, learned counsel appearing for the Commissioner, submitted that the Supreme Court had in Commissioner of Income-tax v. Mir Mohammed Ali, sustained the decision of the Madras High Court referred to above and had held that the same meaning ought to be given to the word " machinery" in all the clauses, namely, clauses (iv), (v), (vi), (via) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... car trucks, car bodies, etc., and submitted that, as the assessee was entitled to normal depreciation on these bodies installed on old chassis under section 10(2)(vi), it was also entitled to additional depreciation and development rebate under section 10(2)(via) and 10(2)(vib). Dr. Pal's contention must be upheld and the question referred to this court must be answered in the affirmative in favou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
