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2018 (9) TMI 771 - AT - Income TaxAdditional depreciation on boiler - assessee claimed higher depreciation @80% on boilers treating the same as Energy Savings Devices - Held that:- Upon due consideration, we find that the relief has been provided to the assessee by Ld. first appellate authority by relying upon the decision of Hon’ble Madhya Pradesh High Court rendered in DCIT Vs Vippy Solvex Products Limited [2007 (3) TMI 746 - MADHYA PRADESH HIGH COURT]. The cited case, in turn, places reliance on the decision of Hon’ble Kerala High Court rendered in CIT Vs. Cochin Refineries Limited [1987 (1) TMI 9 - KERALA HIGH COURT]. In both the cases, Hon’ble High Courts have allowed the claim of the assessee by observing that additional plant & machinery had no separate existence and could not be utilized for any other purpose and formed integral component of the boiler and therefore, eligible for higher depreciation. Similar observation has been made by Ld. First appellate authority while arriving at the conclusion. Before us, the revenue has neither controverted the factual findings nor able to bring on record any contrary judgment to defend its viewpoint. CIT(A), in our opinion, has clinched the issue in right / proper perspective and provided relief to the assessee with due application of mind. Therefore, we find no reason to interfere with the same. - Decided against revenue
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