Commissioner of Income Tax vs Popular Art Palace (P) Ltd.

S.K. Keshote, J.

The learned counsel for the parties submit that the similar question which has been raised in this appeal has already been decided by this court in the appeal/cross objections of this very assessee and the reference has been made to the following cases:

D.B. Cross-Objection No. 11/2003 in D.B. Income Tax Appeal No. 122/2002, decided on 8-4-2003.

D.B. Cross Objection No. 20/2003 in D.B. Income Tax Appeal No. 171/2002, decided on 8-4-2003.

We have gone through the orders of this court passed in those cases. The court has taken the view that ''Fork Lift'' is not a plant and machinery for the purpose of section 80-I(2) of the Income Tax Act, 1961. The court held that the Tribunal has committed an error in treating it plant and machinery for the purpose of section 80-I(2) of the Income Tax Act, 1961. We are in agreement with the view taken by this court in the cases aforesaid.

As the Fork Lift is not a plant and machinery u/s 80-I(2) of the Income Tax Act, 1961, the Tribunal has committed an error in treating it as such under that provision.

The appeal and cross-objections accordingly stand disposed of.