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TMI Blog2003 (9) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... ry and consequently in directing the Income-tax Officer to allow investment allowance and depreciation thereon?" - Where a particular structure is merely helpful for carrying on the activities of the assessee may not be a plant but if it is an integral part of the plant and machinery or a portion of that building is an integral part of the plant and machinery that should be considered in the light ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t allowance and depreciation thereon?" The relevant assessment year is 1982-83. The assessee claimed before the Assessing Officer that the building wherein the plant and machinery is housed should be treated as a plant and, depreciation and investment allowance should be allowed thereon. This claim made by the assessee was disallowed by the Assessing Officer. The assessee had taken the matter in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur, learned counsel for the Revenue, contended that the view taken by the learned Tribunal is wholly erroneous. Shri Kasliwal, learned counsel for the assessee, on the other hand, placed reliance on the decision of the hon'ble apex court in CIT v. Karnataka Power Corporation [2001] 247 ITR 268. In Karnataka Power Corporation's case [2001] 247 ITR 268 their Lordships of the hon'ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x court in CIT v. Karnataka Power Corporation [2001] 247 ITR 268. We restore the matter back to the Tribunal with the direction, to give this required finding for the purpose of investment allowance and depreciation in the case of this assessee especially examine whether the entire building or part of building is eligible for investment allowance and depreciation in the light of the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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