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TMI Blog1982 (5) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... e second and last ground in the assessee's appeal is against the non-allowance of development rebate on cleavage condenser and refrigerator condenser, the respective cost of which was Rs. 7,58,466 and Rs. 69,918. There is no dispute that these two machineries were not actually put into use before 1-6-1975. Observing that by a Notification dated 28-5-1971 the grant of development rebate was discont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime when they are ready for use or whether they would be treated to have been put into use only when the original condensers have given way and these condensers have actually been used in substitute thereof. In this connection, Sri Dastur explained his client's stand by giving an illustration. He said that a fire extinguisher will have to be treated as in use the moment it is kept ready and not wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot actually used during the year at all. The departmental representative has strongly relied on the orders of the IAC and the Commissioner (Appeals). 8. In our opinion, the submission made on behalf of the assessee is well founded. We agree with the assessee's counsel that in a case like this the machinery or plant will have to be treated as put into use the moment it is ready for the use. There ..... X X X X Extracts X X X X X X X X Extracts X X X X
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