9911796707
TMI Blog1998 (4) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... on business in poultry farming. For the assessment year 1983-84, the assessee claimed depreciation on building used by it to house the cages for keeping of fowls, at the rate applicable to third class buildings by treating them as factory buildings. The Income-tax Officer rejected the assessee's claim and allowed depreciation in respect of such buildings at the rate applicable to non-factory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the building used by the assessee to house the cages and the chickens in its poultry business is not a factory, building for the purpose of allowance of depreciation?" Arguments of Mr. P. H. Aravindh Pandian, learned counsel, representing Subbaraya Aiyar, Padmanabhan and Ramamani, learned counsel appearing for the applicant, and of Mr. R. Sivaraman, learned counsel representing Mr. C. V. Rajan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose of getting double the rate of depreciation prescribed under the old Appendix I. No doubt true it is, that the term "factory" is not defined under the Income-tax Act. But, none the less, as had been stated earlier, the depreciation for the building used for the purpose of factory is double the rate of depreciation prescribed for the ordinary buildings. The reason is rather obvious. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y building, entitling it to double the rate of depreciation. It is not as if the taxing authorities took such a view for the assessment year in question. Such a view had been consistently taken for the previous assessment years concerning the assessee. In such circumstances, we are of the view that there is no warrant to interfere with the order of the Tribunal, on the facts and in the circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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