COMMISSIONER OF INCOME TAX Vs. CAMA HOTELS LTD.

JUDGEMENT

(1.) THIS Tax Appeal u/s. 260A of the Income -tax Act, 1961 is filed against the order dated 23.12.2005, passed in ITA No. 1494/Ahd/2000 for the Assessment Year 1990 -91, whereby, the appeal filed by the Revenue was dismissed, sustaining the order passed by the CIT(A).

(2.) BRIEFLY stated, the facts are that the assessee company is a private limited company, engaged in running a hotel, restaurant and catering services. While finalizing the assessment u/s. 143(3), the Assessing Officer has allowed depreciation @ 20% on swimming pool instead of 33.33 as claimed by the assessee. The assessee claimed depreciation on swimming pool @ 33.33% treating it as plant and machinery.

(3.) WE have heard learned counsel for both the sides. The appeal was admitted vide order dated 28.06.2007, which reads as under: