Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 20Th February, 2023 Appearance : Mr. Prithu Dudhoria, Adv. …For Appellant The Court : - This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 16.7.2010 Passed By The Income Tax Appellate Tribunal ‘C’ Bench, Kolkata In Ita No. 583/Kol/2010 For The Assessment Year 2005-06. Heard Learned Counsel For The Appellant Mr. Prithu Dudhoria, Who Had Appeared In This Appeal When The Appeal Was Admitted On 11.3.2011. Though It Is Submitted By The Learned Standing Counsel That He Does Not Have Specific Instruction To Appear, Since He Has Appeared When The Appeal Was Admitted We Directed Him To Appear In This Matter & His Appearance Shall Be Regularized By The Concerned Department. The Appeal Was Admitted On The Following Substantial Question Of Law :- I) Whether The Tribunal Committed Substantial Error Of Law In Allowing Depreciation In Terms Of Section 32 Of The Income Tax Act, 1961 @ 30% By Totally Over Looking The Fact That The Rate Of Depreciation Applicable Should Be 15% As Provided In Entry No.Iii(2) Of Part-I Of Appendix I Of The Income Tax Rule, 1962?’’

43 TTJ (Ahd) 331 and Hindustan Construction Co. Vs. ITO (1988) TTJ (Ahd) 278 and held that the assessing officer had correctly allowed the claim of depreciation under Section