9911796707
TMI Blog2003 (1) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... e restore the matter back to the Tribunal to give this required finding for the purpose of investment allowance, and higher depreciation in the case of this assessee especially to examine whether the entire building or part of building is eligible for investment allowance and higher depreciation in the light of the decision of the apex court in the case of CIT v. Karnataka Power Corporation - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side the matter to the file of the Assessing Officer to be decided on the basis of the principles laid down in the order of the Tribunal in the case of the assessee for the assessment years 1976-77 and 1977-78. In a fresh order, again the Income-tax Officer has disallowed the claim. In appeal before the Commissioner of Income-tax (Appeals), it was contended by the assessee that the nature of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e apex court in the case of CIT v. Anand Theatres [2000] 244 ITR 192 and submits that merely because particular building construction is wellsuited to the business or especially built for it, it cannot be called "plant", therefore, is not entitled for investment allowance and higher depreciation. Mr. Kasliwal, learned counsel for the respondent, submits that after the decision of this court in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me. These concrete structures/building are, in view of the evidence before me, just mere setting and not the vital need/means of carrying on business." It is true that if a particular structure is merely helpful for carrying on the activities of the assessee it may not be a "plant" but if it is an integral part of the plant and machinery or portion of that building is an integral part of the pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... depreciation in the case of this assessee especially to examine whether the entire building or part of building is eligible for investment allowance and higher depreciation in the light of the decision of the apex court in the case of CIT v. Karnataka Power Corporation [2001] 247 ITR 268. The matter is restored back to the Tribunal with a direction to dispose of and take a fresh decision within ..... X X X X Extracts X X X X X X X X Extracts X X X X
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