TMI Blog2003 (9) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch was owned and used by the assessee. It was further stated by the assessee that the plant and machinery came in contact with corrosive chemicals and all other plant and machinery were allowed depreciation at the rate of 15 per cent. and hence the diesel generating set, which was a part of the same machinery, was also entitled to depreciation at the rate of 15 per cent. The Assessing Officer gran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent. It is pertinent to note that over and above reliance on the different Benches of the Tribunal, in the present case, the Tribunal has also 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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