CIVIL APPEAL 82 of 1987 on 17 December 1986

Issues

JUDGMENT

Following question of law has been referred for opinionof this Court by the Income Tax Appellate Tribunal, Amritsar Bench,Amritsar arising out of its order dated 17.12.1986 passed inI.T.A.No.413/(ASR/1986), in respect of the assessment year 1981-82.

“Whether on the facts and in the circumstances of thecase, the Tribunal is right in law in confirming the orderof CIT(A) allowing depreciation @ 15% holding that therolling Mills & furnaces owned by the assessee are'Machine Tools' and that the rate of depreciationprescribed in the Income-tax Rules in respect of'Machine Tools' are applicable to the rolling Mills &Furnaces also?”

Learned counsel for the Revenue fairly stated that theissue involved in this reference has been gone into by this Court on10.2.2005 in ITR No.183 of 1987 (The Commissioner of Income Tax, Jalandhar Vs. M/S Kakkar Complex Steels (P) Ltd.)and hasbeen answered against the Revenue and in favour of the assessee.

In view of the above, the question referred is answeredagainst the Revenue and in favour of the assessee.The reference is disposed of.

(Adarsh Kumar Goel)

Judge

November 22 ,2006

Pka

(Rajesh Bindal)

Judge

Present:

None.

We have perused the office report and checked the record.

The date mentioned at the foot of the order appears to bea mistake. The same has been corrected as 22.11.2006.

(Adarsh Kumar Goel) Judge

22.2.2008ashwani

(Rajesh Bindal) Judge