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2016 (6) TMI 562 - HC - Income TaxAllowability of depreciation - whether the Appellate Tribunal was right in allowing the depreciation disallowed on Pollution Control Equipments interpreting the word “being” used in Appendix-I of the I.T.Rules as illustrative in nature, ignoring the fact that the assets eligible for depreciation @ 100% are specifically included under the head “Water Pollution Control Equipments” and that except the assets mentioned in (IA), (2) and (3) of Item No.III of Appendix-A, the remaining Plants & Machineries are eligible for depreciation @ 25% ? - Held that:- Tribunal has rightly considered the opinion of the expert, which was placed on record and held that the equipments which are used are integral part of the plant. Therefore, the Tribunal has rightly allowed the appeal by reversing the view of both the lower authorities. If the authorities were not agreeable with the opinion of the expert, then appropriate procedure should have been followed, which is not followed in the present case. In view of this, the view taken by the Tribunal is correct and the question posed for our consideration is answered against the department and in favour of the assessee and it is held that the depreciation allowed by the Tribunal is just and proper and no interference is called for in the present appeal. - Decided against revenue.
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