TMI Blog2014 (12) TMI 1256X X X X Extracts X X X X X X X X Extracts X X X X ..... borate reasons for the same as in the aforesaid case, the Apex Court has already held that the sanitary and pipeline fittings as well as electrical installations fell within the definition of "plant". The court also held that the fact that the assessee claimed depreciation on the basis that sanitary and pipeline fittings fell under "furniture and fittings" in rule 8(2) of the Indian Income-tax Rules, 1922, did not detract from its position as the rules cannot take away what is conferred by the Act or whittle down its effect. - Decided in favour of the assessee. - TAX APPEAL NO. 509 of 2007 - - - Dated:- 11-12-2014 - MR.JUSTICE KS JHAVERI AND MR.JUSTICE K.J.THAKER MR KM PARIKH, ADVOCATE FOR THE APPELLANT MR MANISH J SHAH, ADVOCA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings, the assessing officer noticed that the assessee had claimed expenditure spent on glow signboard and hoardings as capital expenditure and depreciation on furniture. The Assessing Officer allowed depreciation @ 20% on furniture and treated the installations as electric fittings and allowed depreciation @ 15%. On appeal the CIT (Appeals) held these installations as part of plant and allowed depreciation @25% 2.1 On appeal before the Tribunal, by impugned order, the Tribunal upheld the order of CIT(A). Being aggrieved and dissatisfied with the impugned order passed by the Tribunal, the revenue has preferred the present Tax Appeal for consideration of the aforesaid substantial question of law. 3. The issue involved in the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilding. Those fittings do not become brick or mortar which are essential for the construction of the buildings. They remain electrical and sanitary fittings which are meant to be used for a purpose other than giving shelter. These installations are installations which are capable of being used in a wide variety of circumstances to make a variety of goods. Their use is not confined to hotel buildings. Such installations, therefore, remain plant only even when they are installed in a building used as a hotel. 6. Having heard learned advocates appearing on behalf of the parties and the questions posed for consideration before us reproduced hereinabove and considering the decision of the Apex Court rendered in Anand Theatre (supra) as well ..... X X X X Extracts X X X X X X X X Extracts X X X X
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