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TMI Blog1996 (3) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... 256(1) of the IT Act, 1961, at the instance of the Revenue and the following question of law has been referred by the Tribunal for answer by this Court : "Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the premises used as a hotel can be treated as a plant for the purposes of depreciation at higher rate ?" 2. Brief facts giving rise to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce has been made by the Tribunal. 3. We have heard Shri Tankha, learned counsel for the applicant, and perused the record. The Tribunal, in a detailed order, has discussed all the relevant case law on the subject and held that hotel was in the definition of a plant and, therefore, the assessee is entitled to depreciation allowance to the maximum extent. Suffice it to say that in case of CIT vs. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etract from this position. The intention of the legislature was to give the word 'plant' a wide meaning. " 4. Hence, in view of the decision of the Supreme Court, the Tribunal has rightly come to the conclusion that hotel is a plant and accordingly decided the matter in favour of the assessee. We are of the opinion that the view taken by the Tribunal appears to be justified and needs no interfer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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