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1981 (7) TMI 247

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..... Rs (a) Encyclopaedia of Chemical Technology containing 24 Volumes 10,306.00 (b) Fatty Acids Part 3,4, 5 set of three volumes 1,133.68 (c) Advances is lipid Research Volume ; Volume 1 to 14 3,363.96 (d) Distillation-Volume of five books 1,323.55 (e) Chemical Technicians ready reference-Total value-7 books 1,710.10 (f) Organic Synthesis Collective; Volumes 1 to 5 1,111.10 .....

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..... written or printed of any size, shape and value, held together along one of the edges so as to form a material whole and protected on the front and back with a cover of more or less durable materials. It is submitted that the 24 Volume of Encyclopaedia of Chemical Technology are 24 books each of them is self sufficient. This would be clear from the fact that each volume was separately bound. Each volume satisfied the assessee's needs without the use of any other volume. Each volume covered complete and independent topics, for example, Acid chloride in volume 1, Azeotrophic distillation in volume 2, Centrifugal separation in Volume 4, Chromatography in volume 5 etc. etc. Further it is submitted that the knowledge of a topic in one v .....

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..... mprise of another book and previous 14 and these 3 volumes comprise one book and what about the further volumes in the series yet to come? It was the assessee's contention that volume meant 'a book' and which incidentally meant a plant. It was a self sufficient means to supply the assessee's needs without external assistance. Each of the volumes had separate cost and that had been proved before the ITO. The cost of each volume was less than ₹ 750. Therefore the assessee was eligible for deduction under the first proviso to s. 32(i) (ii) of the IT Act. 5. Reverting to the AAC's basis for rejecting the assessee's appeal, the Id. Rep. has stated that the AAC's contention that the volumes of the Dictionary c .....

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..... .(h), the assessee has claimed deduction in respect of 'Essential Oils' at ₹ 1,335, the AAC has allowed deduction at 100% for a book of ₹ 156 whereas in respect of the balance he has allowed only 10% depreciation. This is not one book, they are in 10 volumes. Even the particulars, supplied by the assessee have not been gone into by the ACC. In these circumstances we accept in to the arguments on behalf of the assessee that each book is separate plant though collectively they might have been named by the publishers under the same name. Encyclopaedia of Chemical Technology is published in 24 volumes. Fatty Acids in 5 volumes, Advances in Lipid Research might have been in 14 volumes and so on and so forth. In our opinion, i .....

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