1985 (6) TMI 60

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....gher rate which was not allowed by the ITO but allowed by the CIT(A) when the matter came before him. While doing so, the CIT(A) relied on the Chandigarh Bench decision wherein higher rate of depreciation was held to be admissible in case of generator. 2. The ld. Departmental Representative submitted that generator as such is not specifically included in the list entitled for higher depreciatio....

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.... has been considered to be entitled to higher depreciation as would be apparent from the finding of the Tribunal also in I.T.A. No. 1484 (Mds)/79 in the case of Sri Karthikeya Spinning Weaving Mills Ltd. reads as under: "We have carefully considered the record as well as the arguments. The question is not whether generator is an electrical machinery in any theoretical sense. Electrical machiner....

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....in the meaning of the entry, we find that the words "stationary plant", form part of the phrase "transformers and other stationary plant". Hence only "stationary plant" in the class of transformer become ineligible for extra shift allowance. Generator is a more basic machinery than transformer and could hardly be called "other plant" in the category of transformer. Again the words "stationary plan....