9911796707
TMI Blog2000 (6) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... for allowance of depreciation at the rate of 100 percent on Fluidized Bed Type Heat Dryer as against the rate of 33.33 percent as prescribed. Learned Commissioner of Income-tax (Appeals) has directed the Assessing Officer to allow depreciation at the rate of 100 percent on the above mentioned plant by following the judgment of the Income-tax Appellate Tribunal, "C", Bench, Calcutta, dated May 7, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urs basis. Learned Departmental Representative thus strongly argues that a different view should be taken from that as considered by the Tribunal in its orders in the case of Warren Tea Limited. On the other hand, learned counsel for the assessee strongly relied on the order of the Commissioner of Income-tax (Appeals) and also of the Tribunal under consideration. It is not possible for us to go i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciation at the rate of 100 percent should be applied to a "plant" under our present consideration also. Furthermore, this issue stands clearly covered by the judgment of the Income-tax Appellate Tribunal in the case of Warren Tea Limited (supra) in favour of the assessee. Following the said line, therefore, we uphold the order of the Commissioner of Income-tax (Appeals). In the result, the Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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