2000 (6) TMI 775

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....ppeals) has erred in ordering for allowance of depreciation at the rate of 100 percent on Fluidized Bed Type Heat Dryer as against the rate of 33.33 percent as prescribed. Learned Commissioner of Income-tax (Appeals) has directed the Assessing Officer to allow depreciation at the rate of 100 percent on the above mentioned plant by following the judgment of the Income-tax Appellate Tribunal, "C"....

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....d to be run on a twenty-four hours basis. Learned Departmental Representative thus strongly argues that a different view should be taken from that as considered by the Tribunal in its orders in the case of Warren Tea Limited. On the other hand, learned counsel for the assessee strongly relied on the order of the Commissioner of Income-tax (Appeals) and also of the Tribunal under consideration. ....