TMI Blog2013 (9) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... ivity of assessee for which the shuttering is an essential item. The assessee is the complete owner of the shuttering. Without shuttering, no building or bridge can be erected. Shuttering material was treated as a plant on which 100% depreciation is allowable as per the ratio laid down in the case of Harijan Awam Nirbal Varg Avas Nigam Vs. CIT [1995 (12) TMI 2 - ALLAHABAD High Court] – Decided in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Appellant : D. D. Chopra For the Respondent :- Shishir Jain, D. P. Dubey, R. A. Shankhdhar ORDER (Delivered by Hon'ble Dr. Satish Chandra, J) Present appeal has been filed by the department under Section 260 A of the Income Tax Act, against the judgment and order dated 31.01.2011 passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A.No.46/LKW/2000, for the assessment ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disallowed the same. The CIT has confirmed the order. However, the Tribunal has allowed the claim of the assessee by following its earlier order for the assessment year 1988-89. Being aggrieved, the department has filed the instant appeal. With this background, Sri D.D.Chopra, learned counsel for the department has justified the AO's order. He submits that shuttering material is a consumable it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal. After hearing both the parties and on perusal of the record, it appears that in the earlier assessment year 1988-89, the similar benefit was given to the assessee, where 100% depreciation was allowed. During the course of argument, none of the parties was able to tell the fate of that order passed by the Tribunal. It may be mentioned that in the instant case, the construction of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -tax Act, 1961, denotes that the asset has been actually used and not that it is merely ready for use. The expression "used" means actually used for the purpose of the business." In the instant case, the assessee was the owner of the shuttering which was ready to use. When it is so, then the assessee is entitled for 100% depreciation, as rightly observed by the Tribunal. Therefore, we find no re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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