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TMI Blog1985 (2) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... the rigs and compressors which are mounted on a lorry and used for drilling borewells. 2. The assessee-firm carries on the business of drilling borewells. In the course of assessment proceedings for the assessment year 1978-79, the assessee claimed depreciation at 30 per cent on the rigs and compressors under Item No. III(ii), D(9) of Part I of Appendix I to the Income-tax Rules, 1962 on the gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ently taken by the Tribunal in such cases. The details of some of the cases are Popular Borewell Service's case, Bharat Rig Service [IT Appeal No. 1427 (Mad.) of 1980], O.P. Palaniappan [IT Appeal No. 1279 (Mad.) of 1981], Tiruchengode Borewell Service [IT Appeal No. 935 (Mad.) of 1981], Bharat Rig Service [IT Appeal Nos. 76 and 2536 (Mad.) of 1983] and E.R.P. Rangaswami [IT Appeal No. 544 (Mad.) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of CIT v. L.G. Ramamurthi [1977] 110 ITR 453. According to this authority, if a Bench of a Tribunal on the identical facts is allowed to come to a conclusion directly opposed to the conclusion reached by another Bench of the Tribunal on an earlier occasion, that will be destructive of the intitutional integrity itself. In view of these authorities, we are of the opinion that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or drilling borewells. It is clearly mentioned in the order of the Third Member that there was no dispute between the Members as to the grant of depreciation at 30 per cent. The dispute related only to the grant of investment allowance under section 32A(2)(b) of the Income-tax Act, 1961. This would be evident from the question referred to the Third Member as reproduced below : "Whether, on the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and compressors) is mere obiter dictum and so, this observation cannot be followed in preference to the string of decisions of the Division Benches of the Tribunal in the cases referred to above. We, therefore, hold that the view uniformly taken by the Tribunal in such cases should not be disturbed till some High Court takes a contrary view in the matter. 5. In view of the above discussion, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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