TMI Blog1999 (9) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... g questions have been referred for the opinion of this court by the Income-tax Appellate Tribunal Cochin Bench (hereinafter referred to as "the Tribunal") : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the assessee is entitled to concessional rate of tax as is applicable to 'companies other than a trading or investment company' ?" (2) W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances of the case and the second ground being against the denial of investment allowance on additions to plant and machinery should not the Tribunal have confined the relief to the same ? (5) Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the assessee is entitled to extra shift allowance on the building as if it were a plant ? The as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is court or that of the apex court. So far as the question whether hotel building is a plant is concerned the matter is concluded by decision of a Full Bench of this court in Commissioner of Income-tax vs Hotel Luciya [1998] 231 ITR 492, wherein it has been held that the hotel building is a plant. We are in agreement with the view. Accordingly the question referred is answered in the affirmative i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue and against the assessee. So far as the question whether the assessee is entitled to extra shift allowance on the building as if it were a plant is concerned that question stands concluded by a decision of the apex court in East India Hotels Ltd. vs Commissioner of Income-tax [1997] 223 ITR 1. The answer is in the affirmative in favour of the assessee and against the Revenue. So far as the que ..... X X X X Extracts X X X X X X X X Extracts X X X X
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