1985 (1) TMI 9

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..... ncome-tax Act, 1961 : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that drains, culverts and roads were not buildings or plant and as such no depreciation was admissible thereon ? " In the assessment for the assessment year 1968-69, the Income-tax Officer, following his assessment order for earlier years, rejected the claim of the assessee-com .....

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..... as been restored. Following its earlier order, the Appellate Tribunal similarly restored the order of the Income-tax Officer on this point for the assessment year 1968-69. For the assessment years 1965-66 and 1966-67, at the instance of the assessee, the following question was referred to this court : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holdin .....

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..... that no depreciation was admissible on drains, culverts and roads for the assessment year 1969-70 ?" This court held as follows (p. 855): "The principles relating to depreciation on roads, drains and culverts will be governed by the decision given by this High Court in the case of CIT v. Kalyani Spinning Mills Ltd. [1981] 128 ITR 279. In view of the principles laid down in the said decision, t .....

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