2003 (4) TMI 91

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....her, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the structural steel and tubular structure fall within the definition of 'plant and machinery'? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to depreciation at 30 per cent. on the structural steel and tu....

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....taking. We, therefore, hold that the assessee is entitled to initial depreciation on structural steel and tubular structure of the value of Rs. 1,18,000 which was owned by the assessee and was undoubtedly a part of the plant and machinery. The learned Commissioner's view that it could not be considered as a plant obviously cannot be accepted in view of the facts stated above and also the wide defi....