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TMI Blog2001 (9) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... court under section 256(1) of the Income-tax Act, 1961 (for short the "Act"), by the Income-tax Appellate Tribunal, Delhi Bench "E", New Delhi (for short the "Tribunal"): "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in law in holding that the air-conditioning plant is an integral part of a bus? 2. Whether, on the facts and in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issible on such vehicles. The Assessing Officer was of the view that the value of air-conditioning machinery is to be separately ascertained and depreciation at 15 per cent. admissible on air-conditioning machinery was to be allowed. Accordingly, he determined the value of the air-conditioning machinery separately and allowed a lower depreciation at 15 per cent. while allowing higher depreciation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ording to learned counsel for the Revenue the air-conditioning plant is not an integral part of the bus and a bus can operate even without the air-conditioning plant and, therefore, the conclusions of the Commissioner of Income-tax (Appeals) and the Tribunal are not in order. We find that the Revenue had moved for reference under section 256(1) of the Act so far as Smt. Urmila Goel is concerned. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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