M/s Dalmia Cement (Bharat) Ltd. Vs. Commissioner of Income Tax, Delhi
EmailAppeal: Tax Reference Case No. 15 of 1992
Petitioner: M/s Dalmia Cement (Bharat) Ltd.
Respondent: Commissioner of Income Tax, Delhi
Apeal: Tax Reference Case No. 15 of 1992
Judges: S.P. BHARUCHA, R.C. LAHOTI & N. SANTOSH HEGDE, JJ.
Date of Judgment: Jul 26, 2000
Head Note:
INCOME TAX
Income Tax Act, 1961
Depreciation allowance – 11th & 12th floor in Hansalaya Building at Barakhamba Road, New Delhi – Tribunal holding that assessee is not entitled to depreciation. Held that in view of Mysore Minerals case (JT 1999 (6) SC 444) question is answered in negative and in favour of assessee. (Para 2)
Cases Reffered:
1. Mysore Minerals Limited v. Commissioner of Income Tax (JT 1999 (6)
SC 444)
SC 444)
JUDGEMENT:
ORDER
1. The question that this Court is called upon to answer in this reference at the behest of the assesse reads thus:
“Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the assessee company is not entitled to depreciation allowance in respect of 11th & 12th floors of Hansalaya Building at Barakhamba Road, New Delhi?”
2. The answer to the question is covered by the decision of this Court in Mysore Minerals Limited v. Commissioner of Income Tax (JT 1999 (6) SC 444). Following that judgment, the question is answered in the negative and in favour of the assessee.
3. No order as to costs.
1. The question that this Court is called upon to answer in this reference at the behest of the assesse reads thus:
“Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the assessee company is not entitled to depreciation allowance in respect of 11th & 12th floors of Hansalaya Building at Barakhamba Road, New Delhi?”
2. The answer to the question is covered by the decision of this Court in Mysore Minerals Limited v. Commissioner of Income Tax (JT 1999 (6) SC 444). Following that judgment, the question is answered in the negative and in favour of the assessee.
3. No order as to costs.
