Cit vs Madras Fertilizers Ltd. on 10 July, 2002

JUDGMENT

V.S. Sirpurkar, J.

The common question referred to us is as follows :

“Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled to depreciation on roads and bridges and treating the same as building ?”

2. The learned senior standing counsel appearing on behalf of the department very fairly states that the question is covered against the revenue by the decision in CIT v. Gwalior Rayon Silk Mfg. Co. Ltd. (1992) 196 ITR 149 (SC).

3. In this view, the question is answered against the revenue and in favour of the assessee. No costs.