Rc/36/2002 Of Hotel Asrani (P) Ltd v. Commissioner Of Income Tax

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM R.C.No.36 of 2002 ORDER:(Per the Hon’ble Sri Justice L.Narasimha Reddy) This reference under Section 256(1) of the Income Tax Act,1961, at the instance of the assessee, is made by the HyderabadBench ‘A’ of the Income Tax Appellate Tribunal, through its order,dated 12.02.2001 in R.A.Nos.908 and 909/Hyd/95 in I.T.A.Nos.208and 209/Hyd/1988, framing the following questions: 1. “Whether on the facts and in thecircumstances of the case initial depreciationu/s.32(1)(v) is admissible on the newconstructions or extensions of the hotel building inthe year in which the construction or extensionstake place? 2. Whether on the facts and in thecircumstances of the case the appellant is entitledto depreciation on the hotel building at the ratesapplicable to a Plant?Whether on the facts and in thecircumstances of the case the extra shiftallowance on Plant and Machinery including AirConditioner, Sanitary Fittings, Lift, etc. isadmissible in the case of the appellant? 3. 4. Whether on the facts and in thecircumstances of the case the appellant is entitledto claim investment allowance u/s.32(1)(v) on thenew additions to the hotel building made duringthis year?” We are handicapped from dealing with the matter on merits, on account of the fact that no appearance is entered before thisCourt on behalf of the assessee, i.e. the applicant before theTribunal. Hence, we decline to answer the reference. ____________________ L.NARASIMHA REDDY, J. _____________________ CHALLA KODANDA RAM, J. Date:23.07.2014GJ