2002 (10) TMI 8

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..... f the Revenue and against the assessee. – Revenue’s appeal is allowed - - - - - Dated:- 17-10-2002 - Judge(s) : G. SIVARAJAN., K. BALAKRISHNAN NAIR. JUDGMENT The judgment of the court was delivered by G. Sivarajan J. - These two appeals are filed by the Commissioner of Income-tax, Thiruvananthapuram, against a common order of the Income-tax Appellate Tribunal, Cochin Bench in I.T.A. No. .....

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..... Luciya [1998] 231 ITR 492 (Ker) but the Supreme Court has reversed the said judgment in a batch of appeals in CIT v. Anand Theatres [2000] 244 ITR 192. Senior counsel on the basis of the aforesaid decision submits that the orders of the Tribunal have to be set aside and the appeals have to be allowed. Though notice was served on the respondent-assessee there is no appearance for the respondent. .....

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..... the said judgment. The Supreme Court has reversed the judgment of the Kerala High Court in Hotel Luciya's case [1998] 231 ITR 492 [FB] and decided the matter in favour of the Revenue by holding that a building which is used as a hotel or theatre cannot be given depreciation as plant. In view of the said decision of the Supreme Court the question on which notice has been issued, viz,: "Whether, o .....

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