COMMISSIONER OF INCOME TAX Vs. WOODLANDS HOTEL PRIVATE LIMITED

JUDGEMENT

(1.) THE Tribunal, Bangalore, has, in all, referred six questions of law seeking the opinion of this Court under s. 256(1) of the IT Act, 1961 (in short the "Act"), out of which three are at the instance of the Revenue and three at the instance of the assessee. THE questions are the following :

(2.) THE facts are quite short. THE assessee is a company by status, carrying on the business of running a hotel having boarding facilities as well. For the asst. yr. 1982-83, the claim of the assessee for investment allowance made under s. 32A of the Act in respect of hotel building, kitchen boiler and air-conditioners was rejected by the AO and then by the first appellate authority on the ground that the assessee was not an industrial undertaking, manufacturing or producing any article or thing. However, the Tribunal, keeping in view the decision of its own held that the assessee was entitled to investment allowance as claimed.

(3.) SO far as the fifth question of law is concerned, it has to be answered against the assessee in view of the decision of this Court in the case of Mysore Lamp Works Ltd. vs. CIT , wherein it has been held that :