TMI Blog2014 (2) TMI 1111X X X X Extracts X X X X X X X X Extracts X X X X ..... laim as made by the assessee – Decided in favour of Assessee. 100% depreciation on pollution control equipment – Held that:- The findings of the CIT(A) is upheld - Since the assessee has installed pollution control equipment, as per Appendix-III of the new depreciation schedule, assessee is entitled for depreciation at 100% on the assets capitalized before 30th September and 50% on the balance of the capitalized installed after 30th September – Decided against Revenue. - ITA.No.975/Hyd/2013, ITA.No.1026/Hyd/2013 - - - Dated:- 19-2-2014 - Shri B. Ramakotaiah And Shri Saktijit Dey,JJ. For the Petitioner : Mr. C.P. Rama Swamy For the Respondent : Mr. D. Sudhakar Rao CIT/DR ORDER Per B. Ramakotaiah, A.M. These are cros ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eighted deduction along with copies of Form 3CM and 3CL. On noticing that these forms are signed by 'Scientist-G' for and on behalf of Secretary, DSIR, the A.O. was of the opinion that he is not the prescribed authority to sign and accordingly, the revised claim was disallowed. 2.2. The other issue considered by AO is the claim of depreciation at 100% on pollution control equipment. The assessee claimed 100% depreciation on equipment capitalized before 30th September to an extent of Rs.1,06,13,958/- and 50% claim on the assets capitalized after 30th September on Rs.2,14,249/- along with 50% claim on assets capitalized in the financial year 2007-08 to an extent of Rs.58,90,296/-. The A.O. was of the opinion that assessee did not furnish re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2011 which was filed before the authorities. These forms also indicate that the copy was sent to Director General Income Tax (Exemption), New Delhi for favour of information. Thus, there is no dispute with reference to the issuance of relevant certificate by the DSIR. What the A.O. is disputing is that it was signed by ''Scientist-G' for and on behalf of Secretary, DSIR. As per the powers and duties of the employees Scientists B to G level are entrusted with work related to policy making formulation and implementation of plan segments in the field of scientific and industrial research and Scientist-G is specifically delegated for exercising powers of Head of the Department as the Secretary. Accordingly, we do not see any reason not to acce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... control equipment were cleared by the appellant, I find no reason to restrict the claim of depreciation to 15% and I direct the A.O. to allow 100% depreciation claimed at Rs.1,66,11,378/- on the pollution control equipment bought and used during the year under consideration and also on the equipment purchased during the previous assessment year, where only 50% of depreciation was allowed during that year." 7. After considering the relevant details of equipments placed on record along with the certificate by the Chemical Engineer and Chartered Engineer, we affirm the findings of the learned CIT(A). Since the assessee has installed pollution control equipment, as per Appendix-III of the new depreciation schedule, assessee is entitled for d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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