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2003 (9) TMI 57 - HC - Income Tax"Whether, Tribunal is right in law and on facts in directing the Inspecting Assistant Commissioner to allow depreciation at the rate of 15 per cent. on diesel generating set?" - Tribunal has taken note of the fact that depreciation had been allowed on the same machinery at the rate of 15% to the assessee for all the preceding assessment years and also subsequent years. In our opinion, in light of this peculiar factual position, it is not necessary to interfere with the finding recorded by the Tribunal and we hold that the Tribunal was justified in law in directing the Assessing Officer to allow depreciation at the rate of 15 per cent. on the diesel generating set.
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