1982 (5) TMI 62

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.... assessee's appeal is against the non-allowance of development rebate on cleavage condenser and refrigerator condenser, the respective cost of which was Rs. 7,58,466 and Rs. 69,918. There is no dispute that these two machineries were not actually put into use before 1-6-1975. Observing that by a Notification dated 28-5-1971 the grant of development rebate was discontinued in respect of the plants ....

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.... or whether they would be treated to have been put into use only when the original condensers have given way and these condensers have actually been used in substitute thereof. In this connection, Sri Dastur explained his client's stand by giving an illustration. He said that a fire extinguisher will have to be treated as in use the moment it is kept ready and not when there is an actual fire and ....