TaxTMI 
TaxTMI 
2008 (10) TMI 98
X X X X Extracts X X X X
X X X X Extracts X X X X
....urt was delivered by K. SREEDHAR RAO J. - The respondent-assessee, a company running a sugar factory for the assessment year 1992-93, installed pollution control machinery as per the mandate of the Pollution Control Board. The assessee sought for depreciation to the extent of the value of the machinery installed. The Assessing Officer found that the machinery that was installed was found to be de....
X X X X Extracts X X X X
X X X X Extracts X X X X
....osition has been made clear and placed beyond any doubt by the subsequent amendment of 1946 which added the word 'such' in clause (vii). The words 'used for the purposes of the business' obviously mean used for the purpose of enabling the owner to carry on the business and earn profits in the business. In other words, the machinery or plant must be used for the purpose of that business which is ac....
X X X X Extracts X X X X
X X X X Extracts X X X X
....3. The learned counsel for the appellants also relied on the decision of this court in Deputy CIT v. Yellamma Dasappa Hospital [2007] 290 ITR 353, to contend that the machinery was defective and non-functional, therefore, cannot be considered as one used for the purpose of business, to warrant depreciation. 4. The decision of this court in YellammaDasappaHospital's case [2007] 290 ITR 353 is dist....