TMI Blog1989 (5) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... r ?" 2. We have heard the parties. The Tribunal in its order observed that in a number of cases, the Delhi Benches on similar set of facts had taken the view that depreciation at 25 per cent on generator is admissible. In our considered opinion, this does not give rise to a referable question of law. Reference application is, therefore, dismissed. Per Shri S.S. Mehra, Judicial Member --- Draft order prepared by my learned Brother has carefully been gone into but it is regretted that I failed to agree with the conclusion arrived at therein. In my considered view a referable question of law does indeed arise from the Tribunal's order. I, therefore, proceed to prepare a draft statement of the case for making a reference of the question r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med and 15 per cent allowed. A copy of the Tribunal's order dated14-6-1988is marked as Annexure 'C' and forms part of the statement of the case. 5. From the facts narrated in the preceding paragraphs a referable question of law as suggested by the applicant does indeed arise for making reference. I do accordingly. ORDER UNDER SECTION 255(4) OF THE INCOME-TAX ACT, 1961 In this case, we have the following difference of opinion : "Whether, on the facts and in the circumstances of the case, a referable question of law arises out of the order of the Tribunal bearing ITA No. 5699/Del/1985 and ITA No. 74/Del/1986 dated14-6-1988?" In view of the above, we refer the case under section 255(4) of the Income-tax Act, 1961 to the Hon'ble Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le on generators was neither 15 per cent nor 30 per cent but only 20 per cent. For this view, it relied upon the decisions given by Delhi Benches in a large number of cases. Thus the ground of the revenue was partly allowed. 4. Thereafter the assessee filed a reference application stating that the following question of law arises from the order of the Tribunal and that should be referred to the Hon'ble High Court for its opinion : "Whether, on the facts and in the circumstances of the case, the Tribunal erred in law in not allowing grant of depreciation @ 30 per cent on generator ?" The learned Accountant Member declined to refer the question, to the Hon'ble High Court on the ground that the order of the Tribunal did not give rise to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entitled to depreciation at 30 per cent. It was under this head that the assessee claimed depreciation at 30 per cent which the CIT allowed but which the Tribunal reduced to 20 per cent. In reducing the rate of depreciation from 30 per cent to 20 per cent, it did interpret the applicable rule on the percentage and it could not have come to this conclusion otherwise than by interpreting the rule. It is now settled law that a decision reached by the Tribunal on the interpretation of a statutory rule gives rise to a question of law. For this reason, I am of the opinion that the order of the Tribunal does give rise to a question of law. 6. The matter will now go before the regular Bench for the disposal of the reference application in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X
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