9911796707
TMI Blog2019 (3) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... r the assessment year 2002-03. 2.The above appeal was admitted, on 09.08.2011, on the following substantial questions of law:- "(i) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that dies and moulds are entitled to depreciation at 100%? (ii) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee is entitled for 100% depreciation on civil works connected with Reverse Osmosis Plant and TET Plant?" 3.Heard Mrs.V.Pushpa, learned Junior Standing Counsel for the appellant/Revenue; and Mr.R.Venkata Narayanan, learned counsel for the respondent/assessee. 4.So far as the first substantial question of law is concerned, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lief is not restricted to the plea raised by him. On the facts before us, when the dies and moulds were attached to the machine to manufacture the designed product, we have no hesitation to accept the plea of the assessee that the claim would fall for consideration only under Section 31 of the Act. 5.Following the above, the first substantial question of law is answered against the Revenue. 6.So far as the second substantial question of law is concerned, the Tribunal in the impugned order pointed out that, in the assessee's own case for the earlier assessment years, viz., 2000-01 and 2005-06, in I.T.A.Nos.679 & 757/Mds/2009 (assessee's appeals) and I.T.A.Nos.976 & 1017/Mds/2009 (Revenue's appeals), dated 22.12.2010, both the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case on hand is concerned, the Assessing Officer restricted the claim of depreciation to 10%. However, he did not assign any reason for doing so. On appeal, the Commissioner of Income-tax (Appeals)-III, Chennai (for brevity "the CIT(A)"), while considering the issue, took note of the submission of the assessee as regards the civil works done at Reverse Osmosis Plant, concrete tanks, pump beds, filter unit beds and after taking note of the decision in the case of Addl. CIT vs. Madras Cements Ltd., 110 ITR 281, held that the 'plant' comprehends buildings employed in carrying on trade or other industrial business and hence, the special reinforced concrete foundation for the purpose of locating or installing the rotary kiln in the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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