Assessee's Guest House Assets Entitled to Higher Depreciation Rate; AO's 5% Restriction Found Incorrect per Act.

Disallowance of depreciation on guest house - assessee has claimed depreciation @ 10% on guest house, which is applicable to factory and office buildings - assessee had also claimed depreciation @ 15% on plant & machinery, kitchen equipments and electrical fittings - Once, a particular asset is entitled for higher depreciation as per the Act, the AO was erred in restricting depreciation on said assets to 5%, which is applicable to residential building merely because those assets are installed in guest house building. - AT .....

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