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TMI Blog2013 (11) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... r the heading "electrical fittings" and not @ 15% under the heading "plant and machinery" 2. As a short and limited issue arises for consideration, we dispense with the requirement to file paper books and documents and take up the appeals for final disposal with the consent of the parties at this stage itself. 3. The appellant-assessee is engaged in the business of manufacture of steel metal components, assemblies and sub-assemblies primarily for automobiles and white goods sector. Along with the return, the appellant had filed copy of the balance-sheet and had claimed depreciation under the heading "electrical installations" @ 15%. The Assessing Officer, however, has held that depreciation @ 10% should be allowed on several items and he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nbsp; 20 Alum Armd Cable 75,579 75,579 21 Poly Cab Cable 734,379 734,379 22 Poly Cab Cable 367,190 367,190 23 Poly Cab Cable, LT Cable 233,199 233,199 24 Metering Cubicle 135,489 135,489 25 Supply of Electrical item 845,959 845,959 26 Supply of Electrical item 672,897 672,897 27 Installation work 482,630 482,630 28 Installation work 281,093 281,093 29 Installation work 121,109 121,109 30 Supply of Electrical item 28,595 28,595 31 Supply of Electrical item 298,818 &n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 56 Load Extension Charge 277,500 277,500 Total 20,875,535 293336 40,837,676 5. The following chart for the assessment year 2008-09 gives details of depreciation as claimed by the appellant and what was allowed by the Assessing Officer:- S. No. Particulars Capitalisation Amount Depreciation Claim Depreciation to be allowed 1 Opening Balance 8,496,017 1274403 849,602 2 Electrical Capacito Panel 275,500 96425 467,468 3 1250KVA DG Set Make 3,117,654 467648 65,000 4 Main LT Panel No.3 1,300,000 227500 5,738 5 Split AC 2 Ton 76,500 13388 15,750 6 Ductable AC8.5 Ton 210,000 36750 6,150 7 Split AC 1.5 Ton 82,000 14350 505 8 &n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntrol Panel, Electric Items, installation work, DG Set, etc. All these show that all such expenditure cannot be part of the plant and machinery. Assessee has claimed the rate of depreciation as available on plant and machinery. The details of expenditure show that majority of expenses were towards the electric fittings where rate of depreciation is only 10%. In view of these facts, we hold that this expenditure has been rightly made towards electrical fittings and applicable depreciation has been allowed on the same. The case laws relied upon by the ld. AR are also having different facts. In the case of CIT Vs. MTNL, the nature of the business is different that the nature of business of the assessee. In this case, the assessee was engaged i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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