COMMISSIONER OF INCOME TAX Vs. SANGAM CINEMA

JUDGEMENT

(1.) BY THE COURT : On an application filed under S. 256(1) of the IT Act, 1961, the Tribunal has referred the following question for the opinion of this Court :

(2.) HEARD learned counsel for the Revenue. None, appeared for the assessee.

(3.) FOLLOWING the view taken by their Lordships in the case of CIT vs. Anand Theatres (supra), we are of the view that the Tribunal has committed error in treating the cinema building as plant. In the result, we answer the question proposed in affirmative i.e., in favour of the Revenue and against the assessee. Reference so made stands disposed of accordingly.