Ajit K.Sengupta, J. - (1.) In this reference under Section 256(1) of the Income-tax Act, 1961, the following questions of law have been referred by the Tribunal for the opinion of this court :
(2.) Questions at the instance of the assessee : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the rate of depreciation as made applicable with effect from April 2, 1983, was not applicable for the assessment year 1983-84 in the case of the assessee ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the company was not an industrial company mainly engaged in manufacturing of goods ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the rate of income-tax applicable to the company will be that applicable to a non-industrial company ? 4. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the company was not entitled to extra shift depreciation ?"
(3.) Questions at the instance of the Revenue : "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the preparation of food in a hotel was manufacture or production of article of the nature as envisaged in Section 32A of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding the hotel building as plant when the Tribunal itself viewed in Income-tax Appeals Nos. 937/(Cal) of 1982 and 6G6/(Cal) of 1983 in the assessee's own case that no building or structure used as premises in which the business is carried on can be ex facie taken as plant unless it is established that it is impossible for the manufacturing equipment in the hotel to function without the particular type of structure and the building of the hotel had no such particular structure ?";