Ajit K.Sengupta, J. - (1.) This application under Section 261 of the Income-tax Act, 1961, arises from the judgment of this court dated August 9, 1991, on a reference made under Section 256(1) of the Act.
(2.) The question referred to this court by the Income-tax Tribunal was whether the assessee who had been carrying on hotel business was entitled to extra depreciation allowance and also extra shift depreciation allowances. This court answered the said question in the negative by saying that the assessee is entitled only to extra depreciation allowance following the earlier decision of this court in S.P. Jaiswal Estates Pvt. Ltd. v. CIT [1991] 188 ITR 603. There, a Division Bench of this court had held that extra shift allowance for triple shift working is not available to a hotel as the expression "extra shift" is relatable only to a factory or concern which may or may not work day-shift as well as night-shift. The concept of shift working of the machinery and plant in a hotel has no place in the scheme for granting extra shift allowance, because the hotel is carrying on its business for 24 hours. Therefore, a special provision for granting extra depreciation allowance for hotel instead of extra shift depreciation allowance has been provided for under item No. III(iii) of Part I of Appendix I to the Income-tax Rules, 1962, where the hotel is one approved by the Central Government for the purposes of Section 33 of the Act.
(3.) In the present application under Section 261 of the Act the said judgment has been assailed as based on reasoning prima facie fallacious and self-contradictory.;