Cit vs Prem Nath Monga Bottlers (P.) Ltd.
2007 Latest Caselaw 1204 Del

Citation : 2007 Latest Caselaw 1204 Del
Judgement Date : 5 July, 2007

Delhi High Court

Cit vs Prem Nath Monga Bottlers (P.) Ltd. on 5 July, 2007

Bench: M B Lokur, V Gupta

ORDER

1. In this reference under Section 256(1) of the Income Tax Act, 1961, the following question of law has been referred for our opinion:

Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the bottles and crates used by the assessed for selling soft drinks manu factured by it is a plant entitled to 100 per cent depreciation covered by the first proviso to Section 32(1)(ii) of the Income Tax Act, 1961?

2. The admitted position is that in the case of this very assessed a similar question had arisen which has been answered in favor of the assessed in CIT v. Prem Nath Monga Bottlers (P.) Ltd. . Following the decision rendered in the case of Prem Nath Monga Bottlers (P.) Ltd. (supra), we answer the question in the affirmative, in favor of the assessed and against the revenue.

3. The reference is disposed of accordingly.

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