2003 (4) TMI 502

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...., A.M. - This appeal of the assessee is directed against the CIT(A)'s order dated 21-1-1995. 2. Ground Nos. 1 & 2 are raised as under :- "1. Without appreciating the fact T.V. Sets of Rs. 3,27,082 installed at various production centers are used for giving on the job training to bidi workers and these are used mainly for the purpose of business of the company constitute part of plant and mac....

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....CIT(A) has erred in confirming the disallowance made by the Assessing Officer in respect of claim of deduction under section 32AB by considering the T.V. Sets used for the purpose of the business as furniture instead of plant and machinery." 3. The assessee is aggrieved by the CIT(A)'s action in treating the T.V. Sets as 'furniture' and not as 'plant', and thus denying the higher depreciation a....

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....gh Court in the case of CIT v. Electronics Research Industries (P.) Ltd. [1991] 192 ITR 20 , the learned counsel for the assessee contended that the concept of plant cannot be limited to the actual installation of the machinery which produces goods by itself. It was stated that anything which is used for the purpose of business including any installation which facilitates the production or increas....

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....presentative relied upon the decision of the Hon'ble Bombay High Court in the case of CIT v. Bharat Radiators (P.) Ltd. [1999] 239 ITR 608 , but during the course of hearing itself it was observed by the Bench that this decision was not applicable as that relates to investment allowance under section 32A and not to deduction under section 32AB. 4. Having considered the rival submissions, we are....