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TMI Blog2019 (12) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... ingh - CIT-DR ORDER Sandeep Gosain, JM: 1. This Appeal by the Assessee is directed against the order of Ld.Commissioner of Income Tax(Appeals)-1, Vadodara dated 26.04.2016 for the assessment year 2012-13. 2. Grounds raised by the assessee read as under: "1. The learned Commissioner of Income Tax (Appeals)-1. Vadodara ["the CIT(A)"] erred in fact and in law in confirming the action of the D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove grounds of appeal." 3. The only dispute raised by the assessee before us is challenging order of ld.CIT(A) in confirming the action of DCIT and restricting the depreciation on electric installation to 10% instead of 15% as laid by the assessee. 4. Brief facts of the case are that the assessee had filed its Return of income on 29.09.2012 declaring total income at Rs.Nil for the year under con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the ld.Counsel for the assessee submitted that this issue is covered in favour of the assessee by the decision of Tribunal in the assessee's own case in ITA no.3077 to 3079 and 3115 to 3120/Ahd/2011 dated 13.11.2017. The ld.Senior Departmental Representative has also concurred with the submission of the ld.Counsel of the assessee. 10. We have considered facts and find that the Tribunal in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tribunal's co-ordinate bench decision in Kandia Port Trust case (2007) 104 ITD 1 (Rjt) has held such assets to be plant and machinery entitled for 25% rate of depreciation. Hon'ble jurisdictional high court has upheld the said view in Revenue's tax appeal no.1942 of2006 decided on 05.07.2016. We therefore find no reason to accept in Revenue's arguments seeking to treat assessee' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority as well as the judgments cited by the parties. From the records, we find that the issue is squarely covered by the decision Co-ordinate Bench of ITAT Surat in assessee's own case in I.T.A.No.2414/Ahd/2015/SRT A.Y. 2013-14(supra). 8. Since the facts are identical, we are of the considered opinion that the assessee is eligible for depreciation @15% instead of 10% allowed by the ld.Assessing O ..... X X X X Extracts X X X X X X X X Extracts X X X X
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