S.C : Whether, on the facts and in the circumstances of the case, the theatre building can be considered as a plant ?

ORDER

BY THE COURT :

The respondent has been served but has not chosen to put in an appearance. The High Court answered in the affirmative and in favour of the assessee 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 ?”

It did so relying upon an earlier Full Bench judgment in CIT vs. Hotel Luciya (1998) 147 CTR (Ker) (FB) 322 : (1998) 231 ITR 492 (Ker)(FB) : TC S29.2989. That decision of the Full Bench was considered by this Court in CIT vs. Anand Theatres (2000) 160 CTR (SC) 492 : (2000) 244 ITR 192 (SC) and set aside. 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. No order as to costs.

[Citation : 251 ITR 881]