2013 (11) TMI 1049

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....re entitled to depreciation @ 10% under the heading "electrical fittings" and not @ 15% under the heading "plant and machinery" 2. As a short and limited issue arises for consideration, we dispense with the requirement to file paper books and documents and take up the appeals for final disposal with the consent of the parties at this stage itself. 3. The appellant-assessee is engaged in the business of manufacture of steel metal components, assemblies and sub-assemblies primarily for automobiles and white goods sector. Along with the return, the appellant had filed copy of the balance-sheet and had claimed depreciation under the heading "electrical installations" @ 15%. The Assessing Officer, however, has held that depreciation @ 10% ....

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....rol Panel 211,835   211,835     17 Electric Control Panel 258,476   258,476     18 Electric Control Panel 224,694 224,694     19 Alum Armd Cable 692,931 692,931     20 Alum Armd Cable 75,579 75,579     21  Poly Cab Cable   734,379 734,379     22 Poly Cab Cable 367,190  367,190     23  Poly Cab Cable, LT Cable 233,199 233,199     24 Metering Cubicle 135,489 135,489     25 Supply of Electrical item 845,959 845,959     26 S....

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....operative Expenses 722,903 722,903     47  Spl. A.C.  12,889 12,889     48 Elec. Testing Equipment 35,145 35,145     49 MBD 800 AMP 227,987  227,987     50 Cable for Capacitor Bank 184,835 184,835     51 Capacitor Bank 660,075 660,075     52 Cable for Capacitor Bank 66,420 66,420     53 Power distribution panel  144,500 144,500     54 Cable for power distributor 58,557 58,557     55 Earthing plate for power distributor 76,684 76,684     56 Load E....

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....192 19 Transformer 1600 KVA 11/0 433 KV 131,976 46192 234,457 20 Main LT Panel 2,344,574   820601 544,075 21 Transformer 1600 KVA 11/0 433 KV 1,554,500  544075 36,899 22 Capacitor Panel 368,992 129147  1,400 23 Window AC 1.5 Ton 9,333  3267 2,502,405   Sub Total (A) 12,399,574  4,327,188 2,502,405 6. The appellant-assessee did not succeed in the first appeal and has also not succeeded before the tribunal. The reasoning given by the tribunal is as under:- "11. We have heard both sides. We have also gone through the paper book submitted on this issue. Page 64 of the paper is list of items added in electrical insta....

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....hinery. On these electrical items, 10% depreciation is allowable as per rule. This ground of assessee in both the appeals stand dismissed." 7. It is an accepted position that electrical fittings including electrical wirings, switches, sockets and other fittings, etc. are entitled to depreciation @ 10% but plant and machinery is entitled to deprecation @ 15%. We have reproduced above different items on which depreciation was claimed by the assessee @ 15% but was allowed by the Assessing Officer @ 10%. We note that the items include transformers, window ACs, split ACs, invertors, etc. We feel that the matter requires greater consideration as different rates have been specified for electrical fittings including electrical wiring, socket etc....