OIL INDIA LTD Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) For the assessment year 1968-69, the following question of law was referred to this court under Section 256(1) of the Income-tax Act, 1961 :

(2.) For the assessment years 1965-66 and 1966-67, at the instance of the assessee, the following question was referred to this court: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no depreciation was admissible on drains, culverts, roads, etc. ? " By the judgment dated April 3, 1978 in I.T. Ref. No. 526 of 1975, this court remanded the matter to the Tribunal for decision with the direction to ascertain whether assets being drains, roads, culverts, etc., are buildings or not and, if these assets are buildings, whether they were used for the purpose of the business of the assessee and whether depreciation as claimed by the assessee is admissible or not. The said decision is reported in Oil India Ltd. v. CIT, [1978] 114 ITR 323.

(3.) For the assessment year 1969-70, at the instance of the assessee, the following question was referred to this court (143 ITR 848, 850): "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no depreciation was admissible on drains, culverts and roads for the assessment year 1969-70 ? " This court held as follows (p. 855):