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2014 (12) TMI 1256 - HC - Income TaxEntitlement to depreciation - whether sanitary and pipe fittings fixed to the hotel building constituted 'plant'? - Held that:- Considering the decision of the cases of CIT v. Taj Mahal Hotel, [1971 (8) TMI 2 - SUPREME Court ] and CIT v. Anand Theatres [2000 (5) TMI 4 - SUPREME Court ] which has been considered by the Rajasthan High Court in the case of CIT v. Jodhan Real Estate Development Co. (P.) Ltd. [2002 (8) TMI 9 - RAJASTHAN High Court which has been relied upon by the Tribunal, the questions which are raised in the present appeal are required to be answered in favour of the assessee. We are not giving further elaborate reasons for the same as in the aforesaid case, the Apex Court has already held that the sanitary and pipeline fittings as well as electrical installations fell within the definition of "plant". The court also held that the fact that the assessee claimed depreciation on the basis that sanitary and pipeline fittings fell under "furniture and fittings" in rule 8(2) of the Indian Income-tax Rules, 1922, did not detract from its position as the rules cannot take away what is conferred by the Act or whittle down its effect. - Decided in favour of the assessee.
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