Back
High Court of Allahabad
B.P.Jeevan Reddy, CJ., G.D.Dube, J.
Tulsi Theatre
Vs.
Commissioner of Income-Tax
Income-tax Reference 972 of 1978
Decided On : Oct 25, 1990
B.P. Jeevan Reddy, CJ.
1. The Income-tax Appellate Tribunal has referred the following question under Section 256(1) of the Income-tax Act, 1961 :
"Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the cinema building does not constitute 'plant' and, consequently, the assessee was not entitled to depreciation at 10 per cent. on building ?
2. This question is concluded in favour of the assessee and against the Revenue by the decision of this court in Income-tax Reference No. 74 of 1978 disposed of on September 12, 1990 (S. K. Tulsi and Sons v. CIT [1991] 187 ITR 685 ; [1990] UPTC 1105. It may be mentioned that, in this case too, the cinema is located in a well-constructed building fitted with all the necessary fittings and furniture, etc. Accordingly, the question referred is answered in the negative, i.e., in favour of the assessee and against the Revenue. No costs.
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
