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TMI Blog2010 (8) TMI 952X X X X Extracts X X X X X X X X Extracts X X X X ..... ing questions are referred by the Tribunal for our opinion:- 2. In upholding the order of the CIT (A) allowing assessee s claim of depreciation @ 100% on steel plates and scaffolding by ignoring the material fact that Steel plates and scaffolding can not be termed as Plant Machinery and also that each plate and scaffolding are not an independently a simple complete unit? 3. In upholding t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee. 3. To determine the first question we take note of following facts which appear on record:- 5. The assessee claimed 100% depreciation in respect of steel shuttering plates and scaffolding of the value of ₹ 1,55,556/- on the basis that each shuttering plate and scaffolding constituted in itself a plant the value of which was below the value of the plant on which 100% depreciation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and scaffolding itself came up for consideration in the Madras High Court in CIT Vs. Alagendran Finance Ltd. (2003) 264 ITR 269. After referring to various case laws in its detailed judgment rendered by the Court, the Court formed the opinion that each steel plate and scaffolding was to be treated as complete unit. It was primarily because of the reason that single individual centering sheet could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ible for 100% deduction. The question was answered in the affirmative. 7. Be that as it may, since we have two decisions of Madras High Court and Rajasthan High Court relating to claim of depreciation under Section 32 in respect of plates and scaffolding itself, following the aforesaid two decisions we answer the reference in favour of the assessee and against the revenue. - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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