COMMISSIONER OF INCOME TAX Vs. KAMAL ENTERPRISES

JUDGEMENT

(1.) THE Tribunal, New (sic) Allahabad, has referred the following question of law under s. 256(1) of the IT Act, 1961 (hereinafter referred to as "the Act") for opinion to this Court : "Whether on the facts and in the circumstances of the case, the Tribunal was legally justified in upholding the action of the AAC in directing the ITO to allow depreciation on generator at the special rate of 20 per cent -

(2.) BRIEFLY stated the facts giving rise to the present reference are as follows : The present reference relates to the asst. yr. 1985 -86. During this year the respondent assessee had claimed depreciation @ 20 per cent on generator, which was allowed by the ITO @ 10 per cent. However, the Tribunal allowed depreciation on generator at the special rate of 20 per cent accepting the claim of the respondent assessee.

(3.) WE have heard Shri R.N. Upadhyaya, the learned counsel for the Revenue. Nobody has put in appearance on behalf of the respondent.