VENKATASWAMI J.

At the instance of the Revenue, the following questions have been referred by the Tribunal to this court, for its decision

"1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that registration of conveyance deed, transferring certain buildings, plant and machinery by the Government to the assessee is not required and depreciation claimed should be granted ? and

2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the income from letting out the Service Corporation, Guindy, should be assessed as income from property and that the assessee is entitled to the allowance at 1/6th of the annual letting value towards repairs especially when the assessee is not the owner of the building transferred by the Government ?"*

It is fairly stated by learned counsel appearing for the Revenue that the decision in CIT v. Tamil Nadu Small Industries Development Corporation Ltd., squarely applies to the facts of this case, and on the basis of the said decision, both the above questions have to be answered against the Revenue and in the affirmative, and accordi