1998 (3) TMI 77

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..... g questions of law have been referred to us for our consideration in respect of the assessment year 1977-78 : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that depreciation at the general rate applicable to plant and machinery should be allowed on roads and bridges ? 2. Whether, on the facts and in the circumstances of the ca .....

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..... allowed all the claims so made by the assessee. That view of the Tribunal has been challenged by the Revenue and at the instance of the Revenue the three questions referred to above have been referred to us. The first question that is referred to us is required to be answered in the negative, as the view of the Tribunal that the roads and bridges can be treated as a part of plant and machinery f .....

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..... adras Fertilizers Ltd. v. CIT [1994] 209 ITR 174, for earlier assessment year and the questions were answered in favour of the assessee and against the Revenue. We find no reason to take a different view for this assessment year. Consequently, questions Nos. 2 and 3 are, therefore, answered in the affirmative, against the Revenue and in favour of the assessee. As none appeared for the assessee w .....

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