JUDGMENT B.P. Jeevan Reddy, C.J.
1. The question referred under Section 256(1) of the Income-tax Act, 1961, reads as follows :
"Whether, in the facts and circumstances of the case, the Appellate Tribunal was justified in law in holding that the cinema building did not constitute a 'plant' within the meaning of Section 43(3) of the Income-tax Act, 1961, and in holding that depreciation at 10% could not be claimed in respect thereof?"
2. An identical question was answered in favour of the assessee by a Bench of this court in S. K. Tulsi and Sons v. CIT [ 1991 ] 187 ITR 685.
3. Following the said decision, the question referred herein is answered in the negative, i.e., in favour of the assessee and against the Revenue.