COMMISSIONER OF INCOME TAX Vs. DSS ENTERPRISES (P) LTD.
LAWS(DLH)-2007-2-214
HIGH COURT OF DELHI
Decided on February 26,2007

COMMISSIONER OF INCOME TAX Appellant
VERSUS
Dss Enterprises (P) Ltd. Respondents

JUDGEMENT

- (1.) 2321/Del/2001 relevant for the asst. yrs. 1989 -90, 1990 -91 and 1991 -92 respectively.
(2.) THE assessee is the owner of bottles and crates used for soft drinks. The assessee had leased out these bottles and crates and had claimed depreciation on them.
(3.) ACCORDING to the assessee, it was entitled to 100 per cent depreciation but according to the AO, it was entitled to only 25 per cent depreciation. The Tribunal took the view, following the decision of this Court in Jt. CIT vs. Anatronics General Co. (P) Ltd. (2001) 165 CTR (Del) 210 : (2001) 247 ITR 25 (Del) that each bottle would constitute a plant and no distinction was permissible merely because the assessee was a leasing concern.;


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