2009 (2) TMI 163

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..... ion holding that under the Income-tax Rules, no such rate has been prescribed in respect of this item of machinery Held that - If the compressor is used for mining and quarries, depreciation has to be allowed to the extent of 30 per cent - the petitioner has no rebuttal to it – petitioner disputed it by submitting that it can be allowed only if it has been claimed by the assessee under this head - .....

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..... assessment year 1983-84 on the following question of law : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was entitled to depreciation on the compressor at 30 per cent." 2. The assessee filed its return and claimed depreciation on the compressor at 30 per cent. being used in mines and quarries. The Income-tax Officer allowed .....

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..... for drilling and mining. The judgment of the Delhi High Court is not directly applicable to the facts of this case. 5. Learned counsel for the respondent, to make his point, had drawn our attention on Appendix I, appended to the Income-tax Rules and has relied upon entry No. 8, which reads as under: " Mines and Quarries - Portable underground machinery and earth moving machinery used in op .....

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