2015 (7) TMI 939

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....K K Chhaparia, FCA ORDER Per: George Mathan: I.T.A. 945/Kol/2012 is an appeal filed by the Revenue against the order passed by the ld. Commissioner of Income Tax (Appeals)-1, Kolkata in Appeal No. 114/CIT(A)-1/Cir-1/10-11 dated 09.03.2012 for the assessment year 2006-07. I.T.A. 946/Kol/2012 is an appeal filed by the Revenue against the order passed by the ld. Commissioner of Income Tax....

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....llation by holding the same as plant and machinery. It was the submission that in the course of assessment, it was noticed that the assessee had started the business of manufacturing of MS Billet and TMT Bars and Coke. The assessee had claimed depreciation @ 15% on the electrical installations and further additional depreciation of 10%. It was the submission that the Assessing Officer had held tha....

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....mission that the Assessing Officer had brought out a chart of various expenditures in respect of the Electrical parts of plant and machinery which costs more than Rs. 5 lakhs. It was the submission that the electrical installation on which the assessee had claimed depreciation at 15% being part of plant and machinery was liable to be allowed depreciation @ 15%. 6. We have considered the rival s....

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....t order clearly are not simple electrical fittings. These go to form part of the plant and machinery. Consequently the same would have to be held to be eligible for depreciation at the rate provided for plant and machinery. A perusal of the order of the ld. CIT(Appeals) clearly shows that the ld. CIT(Appeals) has taken into consideration the decision of the Hon'ble Punjab & Haryana High Court in t....