TMI Blog1993 (1) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... al has, under section 256(1) of the Income-tax Act, 1961, referred question No. 1 at the instance of the assessee and question No. 2 at the instance of the Revenue for the opinion of this court. The said questions are as under : "(1) Whether, on the facts and in the circumstances of the case, the assessee is entitled to depreciation of Rs. 9,713 on the written down value of building and plant us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndment has effected no change at all in the provisions except to set out more clearly and categorically what the provisions said even earlier." In view of the said decision of the Supreme Court, question No. 1 will have to be answered in the negative, that is, against the assessee and in favour of the Revenue. In Lohia Machines Ltd. v. Union of India [1985] 152 ITR 308, the Supreme Court has h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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