Judgement

J. L. KAPUR J. : These five appeals pursuant to special leave are directed against the order of the Income-tax Appellate Tribunal by which five appeals before, two in regard to Income-tax assessment for 1947-48 and 1948-49 and the other three against Business Profits Tax assessment for the three chargeable accounting periods covered by the same accounting periods, were disposed of. By the Income-tax Officer and by the Appellate Assistant Commissioner the matter was decided in the Income-tax assessment appeal relating to the year of assessment 1947-48. The question in all these appeals is common and it relates to depreciation under S. 10 (2) (vi) of the Income-tax Act (hereinafter termed the Act). The appellant before us is the Jogta Coal Company and the respondent, the Commissioner of Income-tax, West Bengal. The appellant company was incorporated on 14-9-1945.

2. The facts leading up to these appeals are that two brothers E. C. Agabeg and A. A. Agabeg were lessees of a coal mine situate in village Jogta in the Jharia coal field area which belonged to the Raja of Jharia. The two brothers installed on the land leased to them plant and machinery and erected buildings and incl