Cit Vs. Sangam Cinema

Cit vs Sangam Cinema

Type Court Judgment Court Rajasthan Decided Aug 21, 2002

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Citation: sooperkanoon.com/772609
Court: Rajasthan High Court
Decided On: Aug 21, 2002
Case Number: D.B. IT Reference No. 5 of 1997 21 August 2002
Subject: Direct Taxation

Case Summary

AI-generated summary - not the official court judgment text.

Counsels: R.B. Mathur, for the Applicant In the High Court of Rajasthan Jaipur Bench Y.R. Meena & Shashi Kant Sharma JJ. -

Key legal issue: Direct Taxation

Parties & Advocates

Appellant / Petitioner

Cit

Advocate R.B. Mathur, <i>for the Applicant</i>

Respondent

Sangam Cinema

Legal References

Reported In: [2003]132TAXMAN1(Raj)

Excerpt

counsels: r.b. mathur, for the applicant in the high court of rajasthan jaipur bench y.r. meena & shashi kant sharma jj. - orderon all application filed under section 256(1) of the income tax act, 1961, the tribunal has referred the following question for, the opinion of this court :'whether on the facts and in the circumstances of the case, the itat was right in treating cinema building as plant and consequently allowing higher depreciation ?'2. heard learned counsel for the revenue. none appeared for the assessee.3. mr. mathur, learned counsel for the revenue submits that now issue in this case is squarely covered by the decision of the apex court in the case of cit v. anand theatres : [2000]244itr192(sc) , wherein their lordships have taken the view that any building, specially designed cannot be treated as plant.4. following the view taken by their lordships in the case of anand theatres (supra), we are of the view that the tribunal has committed error in treating the cinema building as plant.5. in the result, we answer the question proposed in affirmative, i.e., in favour of the revenue and against the assessee.6. reference so made stands disposed of accordingly.

Full Judgment

ORDER

On all application filed under section 256(1) of the Income Tax Act, 1961, the Tribunal has referred the following question for, the opinion of this court :

'Whether on the facts and in the circumstances of the case, the ITAT was right in treating cinema building as Plant and consequently allowing higher depreciation ?'

2. Heard learned counsel for the revenue. None appeared for the assessee.

3. Mr. Mathur, learned counsel for the revenue submits that now issue in this case is squarely covered by the decision of the Apex Court in the case of CIT v. Anand Theatres : [2000]244ITR192(SC) , wherein their Lordships have taken the view that any building, specially designed cannot be treated as plant.

4. Following the view taken by their Lordships in the case of Anand Theatres (supra), we are of the view that the Tribunal has Committed error in treating the cinema building as plant.

5. In the result, we answer the question proposed in affirmative, i.e., in favour of the revenue and against the assessee.

6. Reference so made stands disposed of accordingly.

Same Court & Year Rajasthan · 2002 Same Parties Cit vs Sangam Cinema Same Subject Direct Taxation

Direct Taxation