Hotel Chanakya (P) Ltd vs Dy.Commissioner Of Income Tax on 3 July, 2008

                          TAX CASE No.27 oF        1995
  Reference against the statement of case drawn on 28th March,
  1995 by Income Tax Appellate Tribunal, Patna Bench, Patna in
  R.A.No. 10 (Pat) of 1995.

  HOTEL CHANAKYA (P) LTD.------------------------------(Appellant)
                              Versus
  DY.COMMISSIONER OF INCOME TAX---------------------(Respondents
                                ----

             For    the   Assessee : Sri A.K.Rastogi, Advocate
             For    the   Revenue : Mr.S.K.sharan
                                     ****

                               P R E S E N T

     THE HON'BLE MR. JUSTICE CHANDRAMAULI KUMAR PRASAD
        THE HON'BLE MR. JUSTICE SHAILESH KUMAR SINHA



Prasad &                       This case has come up for our consideration on
Sinha, JJ.

reference being made by the Patna Bench of Income Tax

Tribunal.

The reference made is as follows :

“Whether, on the facts and in the circumstances of
the case, the Tribunal is justified in law in holding
that the appellant’s hotel building can not be treated
as plant within the meaning of sections 32 and
43(3) of the I.T.Act, 1961?

Mr. A.K.Rastogi appears on behalf of the assessee

whereas revenue is represented by Mr. S.K.Sharan.

It is common ground that identical reference was

made to this Court and same has been answered in the case

of Commissioner of Income-Tax V. Lawly Enterprises (P)

Ltd., reported in 225, I.T.R, 154.

After having heard the learned counsel for the
2

parties, we answer the reference in same terms as that of

Commissioner of Income-Tax V. Lawly Enterprises (P)

Ltd. (supra).

Reference is disposed of accordingly.

Let a copy of our opinion be forwarded to the

Patna Bench of Income Tax Tribunal.

( Chandramauli Kumar Prasad,J.)
Patna High Court
3rd July, 2008
Manish/-

( Shailesh Kumar Sinha,J.)