2011 (4) TMI 81

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., for the appellant.   AJAY KUMAR MITTAL, J.   1. This order shall dispose of ITA Nos. 15 and 23 of 2009 as according to the learned counsel for the appellant the substantial question of law involved in both the appeal is identical. For brevity, the facts are being extracted from ITA No. 15 of 2009.   2. This appeal has been preferred by the revenue under Section 260A of th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y for adjudication as pleaded in the appeal are that the assessee filed its return on 29.10.2004 declaring an income of Rs.27,65,470/-. The assessment was completed on 11.12.2006 at a total income of Rs.35,97,740/- against which the assessee filed an appeal before the Commissioner of Income Tax (Appeals) [in short "the CIT(A)"]. The CIT(A) vide order dated 14.8.2007 partly allowed the appeal delet....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of furniture and fittings on which depreciation was admissible at the rate of 15% under the Income Tax Rules. Learned counsel referred to the order of the Assessing Officer, wherein it was so held. However, the CIT(A) while reversing the order of the Assessing Officer which were affirmed by the Tribunal had held that the aforesaid appliances formed part of the plant and machinery of the assessee ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es goods by itself. Anything which is used for the purpose of business including any installation which facilitates the production or increase the efficiency of the business will be plant. It was, therefore, submitted that air conditioner, electric fans installed in the business are plant. Similarly electrical installations are plant. The learned CIT(A) accepted the contention of the assessee and ....