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2015 (10) TMI 76 - AT - Income TaxEntitlement for depreciation on the Railway siding and channel dredging - @ 15% being items of plant and machinery or at the rate of 10% being items of building - Held that:- As regards t claim of the assessee for depreciation at 15% on the Railway siding treating the same as plant, it is observed that this issue is squarely covered in favour of the assessee by the decision of the coordinate bench of this Tribunal in assessee’s own case for assessment year 2006-07 wherein a similar claim of the assessee was allowed by the Tribunal relying inter alia on the decision of the Hon'ble Kolkata High Court in the case of CIT V/s. Birla Jute and Industries Ltd. (2003 (1) TMI 81 - CALCUTTA High Court) and in the case of Kandla Port Trust (2006 (4) TMI 243 - ITAT RAJKOT). Respectfully following the said decision of coordinate bench of the Tribunal for assessment year 2006-07, we uphold the impugned order of the learned CIT(A) allowing the claim of the assessee for depreciation at 15% on Railway siding, treating the same as plant. As regards the issue relating to the claim of the assessee for depreciation at 15% on channel dredging being plant, it is observed that a similar claim was made by the assessee in the case of Kandla Port Trust (supra) on wharfs, dry docks, drains, jetties, railways, rolling stock, etc., treating the same as plant and machinery and the same was allowed by the Tribunal - Decided in favour of assessee
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