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2010 (11) TMI 338 - HC - Income TaxDepreciation - whether, on the facts and in the circumstances of the case, poultry shed should be treated as plant, thereby allowing the assessee-company a higher rate of depreciation as applicable to plant and not the rate of depreciation as applicable to building - In the case of Shivalik Poultries [2004 -TMI - 10318 - PUNJAB AND HARYANA High Court], a poultry shed "is merely a shelter or home or setting in which the business is carried on" and, therefore, it is only a "building" and not a "plant - Held that: poultry shed is not a "plant" enabling the assessee to the higher rate of depreciation as applicable to a "plant" and that it is entitled to claim depreciation as applicable to a "building" only - Decided in favour of the revenue
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