Commissioner of Income-tax-2 v. S.Vijay Kumar
[Citation -2014-LL-1202-37]

Citation 2014-LL-1202-37
Appellant Name Commissioner of Income-tax-2
Respondent Name S.Vijay Kumar
Court HIGH COURT OF HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Relevant Act Income-tax
Date of Order 02/12/2014
Judgment View Judgment
Keyword Tags shuttering material
Bot Summary: 301 of 2003 JUDGMENT The question that arises for consideration in this appeal is as to whether the shuttering material used for providing support for RCC constructions, qualifies for 100 depreciation. As a subsidiary to that, whether the piece or plate that is manufactured and supplied in this regard shall be treated as separate unit, qualifying for 100 depreciation. Though the Assessing Authority took the view that the material in its entirety purchased by an assessee must be treated as a unit, the appellate authority took a different view and granted the relief. The department carried the matter in appeal and the same was allowed. Through judgment, dated 27.11.2014, we applied the theory of irreducible minimum in this behalf; took the view that each piece or plate would qualify for 100 depreciation, provided its cost is less than Rs.5,000/-, and dismissed the appeal. Following the same, we dismiss this writ appeal also. The miscellaneous petitions filed in this appeal shall also stand disposed of.


THE HON BLE SRI JUSTICE L.NARASIMHA REDDY AND HON BLE SRI JUSTICE CHALLA KODANDA RAM I.T.T.A.No.301 of 2003 JUDGMENT (Per Hon ble Sri Justice L.Narasimha Reddy) question that arises for consideration in this appeal is as to whether shuttering material used for providing support for RCC constructions, qualifies for 100% depreciation. As subsidiary to that, whether piece or plate that is manufactured and supplied in this regard shall be treated as separate unit, qualifying for 100% depreciation. Though Assessing Authority took view that material in its entirety purchased by assessee must be treated as unit, appellate authority took different view and granted relief. department carried matter in appeal and same was allowed. Recently, we dealt with this question in detail in I.T.T.A.No.239 of 2003, preferred by Revenue. Through judgment, dated 27.11.2014, we applied theory of irreducible minimum in this behalf; took view that each piece or plate would qualify for 100% depreciation, provided its cost is less than Rs.5,000/-, and dismissed appeal. Following same, we dismiss this writ appeal also. There shall be no order as to costs. miscellaneous petitions filed in this appeal shall also stand disposed of. L.NARASIMHA REDDY, J. CHALLA KODANDA RAM, J. Date:02.12.2014 GJ Commissioner of Income-tax-2 v. S.Vijay Kumar
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