TMI Blog2011 (4) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... our of the assessee - ITA No. 15 of 2009 - - - Dated:- 5-4-2011 - MR. JUSTICE ADARSH KUMAR GOEL, MR. JUSTICE AJAY KUMAR MITTAL, JJ. Ms. Urvashi Dhugga, Senior Standing Counsel, for the appellant. AJAY KUMAR MITTAL, J. 1. This order shall dispose of ITA Nos. 15 and 23 of 2009 as according to the learned counsel for the appellant the substantial question of law involved in both the appeal is identical. For brevity, the facts are being extracted from ITA No. 15 of 2009. 2. This appeal has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (in short the Act ) against the order dated 10.7.2008 passed by the Income Tax Appellate Tribunal, Delhi Bench C , New Delhi (hereinafter referred to as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. Learned counsel for the revenue submitted that the CIT(A) as well as the Tribunal were not right in allowing depreciation at the rate of 25% on electric installations, air conditioners and electric fan etc. fitted in the building of a Mill treating these as plant instead of treating part of the block of furniture and fittings on which depreciation was admissible at the rate of 15% under the Income Tax Rules. Learned counsel referred to the order of the Assessing Officer, wherein it was so held. However, the CIT(A) while reversing the order of the Assessing Officer which were affirmed by the Tribunal had held that the aforesaid appliances formed part of the plant and machinery of the assessee and, therefore, were entitled to depreciat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd pipeline fittings fell within the definition of plant in section 10 (5) and the respondent was entitled to development rebate in respect thereof under section 10(2)(vib). The fact that the respondent claimed depreciation on the basis that the sanitary and pipeline fittings fell under furniture and fittings in rule 8(2) of the Income-tax Rules, 1962, did not detract from this position. The intention of the legislature was to give the word plant a wide meaning. 6. In view of the aforesaid findings which have not been shown to be perverse in any manner, the assets on which depreciation was allowed were held to be the part of plant and, therefore, the rate of 25% was rightly applied. 7. Consequently, the substantial question o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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