2009 (9) TMI 696

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....t. ORDER Vijay Pal Rao, Judicial Member. - This appeal by the Revenue is directed against the order dated 26-2-2009 of CIT(A)-XII. Chennai. 2. The Revenue has raised various grounds. However, the only issue that arises is whether the CIT(A) is justified in allowing the depreciation at the rate of 25 per cent in respect of office interiors for exhibition/sample purpose. 3. The assessee ....

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....n at the rate of 25 per cent as not correct. Accordingly, the Assessing Officer allowed depreciation at the rate of 10 per cent on the ground that the office interiors are nothing but 'furniture and fittings' in the office of the assessee. 4. The CIT(A) has allowed the claim of the assessee following various decisions of the Hon'ble High Courts wherein the office interiors fixed by the assessee....

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....e clients. The assessee offers its services mainly to the Indian corporates and other multinational concerns and as per the specifications and requirements of these clients, the assessee is doing interior decoration and designing work. He has contended that the work of patterns and designs in the office of the assessee is an exhibition of the work of the assessee for its potential clients. Therefo....

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....he main objection of the Revenue is that the assessee has used these designs and interior decoration work in its office and, therefore, the same is entitled for depreciation applicable to 'furniture and fittings'. From the facts, we find that the purpose of using its own office for displaying the latest work of design and decoration is only to save the expenditure on maintaining a separate exhibit....