CIT Vs. GOODYEAR SHOE FACTORY

JUDGEMENT

(1.) The Income Tax Appellate Tribunal, Delhi Bench 'C has referred the following questions of law under Section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court:

(2.) The reference relates to the year 1981-82.

(3.) We have heard Sri Shambhu Chopra, learned Standing counsel for the revenue. So far as the first question relating to allowance of 20 per cent depreciation on generator is concerned we find that the Tribunal has already held that generator is an electrical machinery not covered under Item No. (ii) of Clause (C) at serial No. 4 which provides for special rate under the heading 'Machinery and plant' Clause C(4) relates to the electrical machinery. The entries reads as under: