COMMISSIONER OF INCOME TAX Vs. RUNGTA MINES PVT LTD

JUDGEMENT

(1.) : The following question of law has been referred by the Tribunal to this Court under s. 256(1) of the IT Act, 1961 :

(2.) THE assessment year involved is 1979-80 for which the relevant year of account is the year ending on October 13, 1978.

(3.) THEREFORE, even if the Department succeeds in this reference and the question is answered by saying that the Tribunal was wrong in treating the railway siding as a plant, the decision of the Tribunal that it was a building within the meaning of s. 32(1)(iii) will remain. It has not been explained by the Revenue why any question has not been raised as to the correctness of the alternative finding of the Tribunal.