Judgments
Judgments
  1. Home
  2. /
  3. Supreme Court Of India
  4. /
  5. 2001
  6. /
  7. January

Commissioner Of Income-Tax vs Raiban And Sons

Supreme Court Of India|17 July, 2001

JUDGMENT / ORDER

1. The respondent has been served but has not chosen to put in an appearance.
2. The High Court answered in the affirmative and in favour of the asses-see the following two questions ; "(i) Whether, on the facts and in the circumstances of the case, the theatre building can be considered as a plant ?
(ii) Whether, on the facts and in the circumstances of the case, the assessee is entitled to higher rate of depreciation on the theatre ?"
3. It did so relying upon an earlier Full Bench judgment in CIT v. Hotel Luciya [1998] 231 ITR 492 (Ker). That decision of the Full Bench was considered by this court in CIT v. Anand Theatres (2000] 244 ITR 192 and set aside.
4. Accordingly, the civil appeal is allowed. The order under challenge is set aside. The questions are answered in the negative and in favour of the Revenue.
5. No order as to costs.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Commissioner Of Income-Tax vs Raiban And Sons

Court

Supreme Court Of India

JudgmentDate
17 July, 2001
Judges
  • S Bharucha
  • Y Sabharwal