Appeal dismissed, Jetty classified as temporary structure, 100% depreciation upheld. Court affirms Tribunal decision.

The appeal was dismissed, upholding the Tribunal's decision that the Jetty should be classified as a temporary structure, warranting 100% depreciation. The Tribunal found the Jetty's primary function was temporary access for loading, not as a plant, leading to the rejection of excess depreciation claimed by the Assessee. The Court concurred with the Tribunal's factual analysis, concluding no significant legal issue was raised, and affirmed the decision allowing full depreciation.

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Issues:
1. Depreciation rate for a Jetty - 100% under "Building - Temporary Structure" or 25% under "Plant"
2. Classification of Jetty as a temporary structure or a plant
3. Applicability of Delhi Tribunal's decision over Chennai Tribunal's decision

Analysis:
1. The appeal questioned the correct depreciation rate for a Jetty - whether it should be 100% under "Building - Temporary Structure" or 25% under "Plant." The Tribunal found that the Jetty was temporary, leading to the entitlement of 100% depreciation. The Assessee had initially claimed 100% depreciation amounting to a significant sum. The Revenue contended that the Jetty was a plant, not a temporary structure, and disallowed excess depreciation claimed.

2. The nature of the Jetty was crucial in determining its classification. The Tribunal examined the purpose, periodicity, and use of the structure. The dictionary meaning of Jetty was considered, defining it as a landing stage or pier. The Jetty in question was erected temporarily to fulfill a specific contract with a limited operational period. It was agreed that upon contract completion, the Jetty had to be dismantled, indicating its temporary nature. The presence of a conveyor belt for loading did not alter its classification as a temporary structure.

3. The Tribunal's decision was based on factual findings and material presented. It was highlighted that the Jetty's primary function was to provide access for loading, not to act as a plant. Therefore, the Tribunal reversed the Assessing Officer and CIT(A)'s decision, allowing 100% depreciation. The Court agreed with the Tribunal's factual conclusions, stating no substantial legal question arose for consideration.

In conclusion, the appeal was dismissed, emphasizing the Tribunal's factual determination regarding the Jetty's classification and depreciation rate.

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