The ACIT, Cir, 1, Bhopal v. M/s Chawla enterprises. Pvt.Ltd, Bhopal

ITA 889/IND/1991 | misc
Pronouncement Date: 30-03-2011 | Result: Allowed

Appeal Details

RSA Number 88922714 RSA 1991
Bench Indore
Appeal Number ITA 889/IND/1991
Duration Of Justice 19 year(s) 5 month(s) 26 day(s)
Appellant The ACIT, Cir, 1, Bhopal
Respondent M/s Chawla enterprises. Pvt.Ltd, Bhopal
Appeal Type Income Tax Appeal
Pronouncement Date 30-03-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 30-03-2011
Assessment Year misc
Appeal Filed On 04-10-1991
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH INDORE BEFORE SHRI JOGINDER SINGH JUDICIAL MEMBER AND SHRI R.C. SHARMA ACCOUNTANT MEMBER ITA NO.905/IND/1991 A.Y.1983-84 M/S CHAWLA ENTERPRISES (P) LTD. BHOPAL APPELLANT VS ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 1 BHOPAL RESPONDENT ITA NO.889/IND/1991 A.Y.1983-84 ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 1 BHOPAL APPELLANT VS M/S CHAWLA ENTERPRISES (P) LTD. BHOPAL RESPONDENT ASSESSEE BY : SHRI B.C. JAIN CA RESPONDENT BY : SHRI KESHAV SAXENA CIT DR ORDER U/S 260(1)OF THE INCOME TAX ACT 1961 THIS ORDER IS PASSED TO GIVE EFFECT TO THE ORDER OF HONBLE HIGH COURT OF MADHYA PRADESH DATED 4.1.2011 IN THESE CAS ES THE TRIBUNAL 2 HAD REFERRED THE FOLLOWING QUESTION OF LAW TO THE H ONBLE HIGH COURT OF MADHYA PRADESH FOR THEIR ESTEEMED OPINION WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE INCOME TAX APPELLATE TRIBUNAL WAS JUSTIFIED IN LAW IN HOLDING THAT DEPRECIATION AT THE RATE OF 15% SHALL BE ALLOWED ON THE HOTEL BUILDING OWNE D BY THE ASSESSEE ? 2. THE HONBLE HIGH COURT OF MADHYA PRADESH VIDE OR DER DATED 4.1.2011 IN ITR NO. 104/1995 HAS ANSWERED THE QUEST ION IN NEGATIVE HOLDING THAT THE BUILDING USED FOR RUNNING OF A HOT EL OR CARRYING ON CINEMA BUSINESS CANNOT BE HELD TO BE PLANT. 3. IN VIEW OF THE ABOVE ORDER OF THE HONBLE HIGH C OURT WE HOLD THAT THE BUILDING USED FOR RUNNING OF A HOTEL OR CARRYIN G ON CINEMA BUSINESS CANNOT BE HELD TO BE PLANT. PARA 4 OF THE ORDER OF TRIBUNAL (SUPRA) SHALL STAND SUBSTITUTED ACCORDINGLY. 4. WE THEREFORE DISMISS THE APPEAL OF THE ASSESSE E AND ALLOW THE APPEAL OF THE REVENUE. ORDER PRONOUNCED IN OPEN COURT IN THE PRESENCE OF LEARNED REPRESENTATIVES OF BOTH THE SIDES ON 30 TH MARCH 2011. (R.C.SHARMA) (JOGI NDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 30 TH MARCH 2011 COPY TO: APPELLANT RESPONDENT CIT CIT(A) DR G UARD FILE DN/- 3