1985 (6) TMI 60 - AT - Income Tax

Summary

Issues:
Dispute over depreciation claim on generator at a higher rate.

Analysis:
The Revenue raised a dispute regarding the assessee's claim of depreciation on a generator at a higher rate, initially disallowed by the ITO but later allowed by the CIT(A) based on a Chandigarh Bench decision supporting the higher depreciation for generators. The Departmental Representative argued that generators were not specifically included in the list for higher depreciation, while the assessee's counsel relied on the CIT(A) order and a case precedent of ITO vs. Sri Karthikeya Spinning Weaving Mills Ltd. (1980) 10 TTJ (Mad) 205 to support the claim.

After considering the submissions, the Tribunal found no reason to interfere with the CIT(A)'s decision in favor of the assessee. The Tribunal noted that while the generator was not specifically listed for higher depreciation, previous Tribunal decisions had considered generators eligible for higher depreciation. The Tribunal referenced the case of Sri Karthikeya Spinning Weaving Mills Ltd. to support the assessee's claim, highlighting that generators should not be denied extra shift allowance as they are essential machinery for electricity generation and do not fall under the category of machinery ineligible for higher depreciation.

Based on the reasoning provided in the referenced case and the CIT(A)'s order, the Tribunal confirmed the CIT(A)'s decision in favor of the assessee. Consequently, the Revenue's appeal was dismissed, upholding the allowance of depreciation on the generator at a higher rate.