1989 (12) TMI 41

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..... Appellate Tribunal has referred the following question of law, for the decision of this court, in the two referred cases : "Whether, on the facts and in the circumstances of the case, the expenditure incurred by way maintenance of bungalows (assets of the assessee used by employees for their own purposes or benefit) occupied by its employees and the depreciation allowance in respect thereof coul .....

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..... ppellate Assistant Commissioner set aside the said portion of the order and accepted the plea of the assessee. In the further appeal filed by the Revenue, it was held by the Appellate Tribunal that the expenditure on the upkeep of the buildings could not be considered as part of the perquisites in the hands of the employees. It was also held that no portion of the depreciation on buildings would b .....

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..... ses and occupied by them and also the depreciation allowance in respect of such buildings. The Appellate Tribunal was not justified in taking a different view and in reversing the decision of the Income-tax Officer on that score. Therefore, we answer the question referred to us in the affirmative, in favour of the Revenue and against the assessee. A copy of this judgment under the seal of this c .....

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