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TMI Blog2011 (4) TMI 723X X X X Extracts X X X X X X X X Extracts X X X X ..... ll purposes is a gas cylinder including valves and regulators as defined in Appendix I, Part I, item III(ii)F(4) of rule 5 of the Income-tax Rules, 1962. - The assessee is, therefore, entitled to claim depreciation at 100 per cent - Decided in favour of the assessee - 238 of 1996 - - - Dated:- 28-4-2011 - PRAKASH RAO B., KANTHA RAO R., NOUSHAD ALI, JJ. JUDGMENT R. Kantha Rao J.- 1. We have heard Sri V. R. Badri, the learned counsel representing Sri S. R. Ashok, learned counsel for the Revenue and Sri C.P. Ramaswamy, the learned counsel for the assessee. 2. In fact R. C. No. 238 of 1996 came up for consideration before two of us (Justice B. Prakash Rao and Justice R. Kantha Rao) in the Division Bench. The reference invol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, the crux of the issue for consideration before us is in the matter of claiming depreciation under section 32 of the Income-tax Act, 1961, in respect of a gas cylinder mounted on a chassis of a truck whether the asses-see can claim depreciation at 100 per cent. treating it as gas cylinder including valves and regulators or whether the depreciation can be claimed at 40 per cent. treating the entire item as a heavy transport vehicle ? 6. The short facts necessary for considering the reference is that the asses-see-firm is a dealer in liquefied petroleum gas of Hindustan Petroleum Corporation of India, Nizamabad. The liquefied gas cylinders were fitted to the chassis of transport vehicles. For the purpose of claiming depreciation, the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the request of the Commissioner of Income-tax, the Tribunal referred the disputed questions under section 256 of the Income-tax Act, 1961, to this court for consideration and opinion. 10. Learned counsel appearing for the Revenue sought to rely on Gujco Carriers v. CIT [2002] 256 ITR 50 (Guj) wherein the Division Bench of the Gujarat High Court held that a lorry, i.e., truck adapted or designed to carry a crane, is meant for special services of lifting load, the mobile crane of the assessee which admittedly was registered as a heavy motor vehicle, clearly falls within the expression "motor lorries" (which means motor trucks in heading/item III E(1A) of Part I of Appendix I under rule 5 since it was used by the assessee in its business of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2001, and ITTA Nos. 178, 186, 376, 607, 674, 763,765, 773 of 2006 (CIT v. Padmavathi Hatcheries [2011] 335 ITR 325 (AP)) wherein the view taken is that the poultry shed is not a "plant" enabling the assessee at higher rate of depreciation as applicable to a "plant" and that the assessee is entitled to claim depreciation as applicable to a building only. 15. We quite see that the factual and contextual basis for rendering the above two decisions by the learned judges of the Division Bench is altogether different and the analogy therein cannot be imported to the case in hand. 16. Before expressing our opinion on the issue under reference, we would like to refer to the judgment in CIT v. Goyal MG Gases Ltd. [2008] 296 ITR 72 (Delhi) where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the container from one place to the other it is annexed to the chassis of the truck. In the absence of any ambiguity, we have to take into consideration the plain language of the statutory provision and the obvious intention of the Legislature in using such a plain language. The Legislature merely said "gas cylinders including valves and regulators", it has not spelt out any qualification as to the size of the gas cylinder so as to entitle to claim depreciation at 100 per cent. The decisive factor being the language employed in the statutory provision, we are unable to accede to the view that on account of the container which is in fact a cylinder being mounted on the chassis of the truck, the entire item has to be treated as transport ..... X X X X Extracts X X X X X X X X Extracts X X X X
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