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Issues:
Whether the CIT(A) is justified in allowing depreciation at the rate of 25 per cent in respect of office interiors for exhibition/sample purpose. Analysis: The judgment involves a dispute regarding the allowance of depreciation at a specific rate for office interiors utilized for exhibition/sample purposes. The appellant, a partnership firm engaged in interior designing, claimed depreciation at 25%, contending that the interiors were installed for exhibition to prospective clients. Initially, the Assessing Officer allowed only 10% depreciation, considering the interiors as mere 'furniture and fittings.' The CIT(A) supported the appellant's claim, citing precedents where similar office interiors were categorized as "plant." The Departmental Representative argued that the interiors were akin to 'furniture and fittings,' warranting 10% depreciation, aligning with the Assessing Officer's stance. Conversely, the appellant's Authorized Representative emphasized the temporary nature of the decoration work, essential for showcasing designs to clients. The representative asserted that such activities constituted an exhibition of the firm's work, qualifying as "plant" eligible for 25% depreciation. The representative also highlighted past approvals of depreciation and cited relevant court decisions to support the claim. Upon review, the Tribunal acknowledged the appellant's business nature and the purpose of utilizing office space for display. The Tribunal noted that the decoration work was integral to the firm's operations, aimed at showcasing designs to potential clients. Consequently, the Tribunal concluded that the work did not align with 'furniture and fittings' but rather qualified as "plant" for business purposes. Upholding the CIT(A)'s decision, the Tribunal dismissed the Revenue's appeal, affirming the allowance of 25% depreciation for the office interiors utilized for exhibition purposes. In essence, the judgment delves into the classification of office interiors for depreciation purposes, emphasizing the distinction between 'furniture and fittings' and assets considered essential for business operations. The decision underscores the business-centric approach in determining depreciation rates, highlighting the significance of the purpose and function of assets within the firm's operations.
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