- (1.) The respondent has been served but has not chosen to put in an appearance.
(2.) The High Court answered in the affirmative and in favour of the asses-see the following two questions ; "(i) Whether, on the facts and in the circumstances of the case, the theatre building can be considered as a plant (ii) Whether, on the facts and in the circumstances of the case, the assessee is entitled to higher rate of depreciation on the theatre -
(3.) It did so relying upon an earlier Full Bench judgment in CIT v. Hotel Luciya,1998 231 ITR 492. That decision of the Full Bench was considered by this court in CIT v. Anand Theatres, 2000 244 ITR 192 and set aside.;