1962 (4) TMI 117

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..... here motion pictures are produced. Under rule 8 of the Rules framed under the Indian Income-tax Act, depreciation at certain rates is allowed on the assets utilised for business. For the assessment year 1950-51, the assessee claimed that he was entitled to double depreciation under the terms of the rule in respect of certain buildings which he claimed to be factory buildings. It is conceded that t .....

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..... unal called for a report from the Income-tax Officer as to whether the buildings could be said to be factory buildings. In pursuance of the direction of the Appellate Tribunal, the Income-tax Officer submitted a report, setting out in detail the nature of the building, the works that were being conducted there, etc. There were studio sheds, painting and make-up work. There was a laboratory for .....

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..... ldings entitled to double the depreciation provided for in rule 8 of the Income-tax Rules? Prima facie, the question referred to us depends upon a question of fact. The remand report shows beyond doubt that manufacturing process was actually going on in the building and that it was a factory. It is not disputed that the building will satisfy the requirements of the definition of the term fact .....

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