1962 (4) TMI 117

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nce. The assessee derives income from a studio, where motion pictures are produced. Under rule 8 of the Rules framed under the Indian Income-tax Act, depreciation at certain rates is allowed on the assets utilised for business. For the assessment year 1950-51, the assessee claimed that he was entitled to double depreciation under the terms of the rule in respect of certain buildings which he claim .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... #39;s claim; but, on further appeal by the department, the Tribunal called for a report from the Income-tax Officer as to whether the buildings could be said to be factory buildings. In pursuance of the direction of the Appellate Tribunal, the Income-tax Officer submitted a report, setting out in detail the nature of the building, the works that were being conducted there, etc. There were studio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... holding that the assessee's studio buildings are factory buildings entitled to double the depreciation provided for in rule 8 of the Income-tax Rules?" Prima facie, the question referred to us depends upon a question of fact. The remand report shows beyond doubt that manufacturing process was actually going on in the building and that it was a factory. It is not disputed that the buildi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X