Itta/301/2003 Of Commissioner Of Income Tax-2 v. Sri S.vijay Kumar

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM I.T.T.A.No.301 of 2003 JUDGMENT:(Per the Hon’ble Sri Justice L.Narasimha Reddy) The question that arises for consideration in this appeal is asto whether the shuttering material used for providing support for RCCconstructions, qualifies for 100% depreciation. As a subsidiary tothat, whether the piece or plate that is manufactured and supplied inthis regard shall be treated as separate unit, qualifying for 100%depreciation. Though the Assessing Authority took the view that thematerial in its entirety purchased by an assessee must be treated asa unit, the appellate authority took a different view and granted therelief. The department carried the matter in appeal and the samewas allowed. Recently, we dealt with this question in detail inI.T.T.A.No.239 of 2003, preferred by the Revenue. Throughjudgment, dated 27.11.2014, we applied the theory of ‘irreducibleminimum’ in this behalf; took the view that each piece or plate wouldqualify for 100% depreciation, provided its cost is less thanRs.5,000/-, and dismissed the appeal. Following the same, we dismiss this writ appeal also. Thereshall be no order as to costs. The miscellaneous petitions filed in this appeal shall alsostand disposed of. Date:02.12.2014 GJ ____________________ L.NARASIMHA REDDY, J. _____________________ CHALLA KODANDA RAM, J.