2010 (6) TMI 626

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..... ing 100 per cent depreciation on wooden partitions and work stations treating the same as temporary structures as against furniture and fixtures treated by the Assessing Officer, eligible for depreciation at 10 per cent under the Income-tax Rules, 1962.  2.  On the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals) has erred in ignoring the fact that the wooden partitions and works stations erected by the assessee were of permanent nature and by their nature qualify as furniture and fixtures and not as temporary structures.  3.  On the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals) has erred in allowing 100 per cent depreciation on .....

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..... grieved the assessee filed an appeal before the Commissioner of Income-tax (Appeals). The learned Commissioner of Income-tax (Appeals) had given a finding that there is no dispute regarding the nature of expenditure which are in the shape of wooden partition and work stations and according to the learned Commissioner of Income-tax (Appeals) the question which could arise for adjudication will only be whether wooden partition and work stations are considered to be wooden structure or should be considered as "furniture and fixtures". He has also given a finding that the premises were taken on lease and were not owned by the assessee. The assessee had incurred such expenditure in the assessment years 2000-01, 2001-02 and 2002-03 and, therefore .....

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..... asset itself is in dispute. Thus, it was pleaded by the learned Departmental representative that the order of the Commissioner of Income-tax (Appeals) on this issue should be set aside and that of the Assessing Officer be restored. 5. On the other hand, it was submitted by the learned authorised representative that the very nature of the asset was temporary structure and according to Appendix I to the Income-tax Rules, 1962 item 4 (purely temporary erections such as wooden structure), are eligible at 100 per cent. He submitted that the annexure has been reproduced in the order of the Commissioner of Income-tax (Appeals) in paragraph 2.4. He submitted that the case law relied upon by the learned Commissioner of Income-tax (Appeals) clearly .....

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