Sec. 32 of Income Tax Act, 1961 - Depreciation - Golf course is a plant on which assessee is entitled to the depreciation at the rate of 25 per cent.

Facts: Assessee went on appeal before Tribunal and raised the ground that depreciation on the golf course should be allowed considering it as 'plant and machinery'.

Held, that golf course owned and used by the assessee for the purpose of the business as a tool of the business of the assessee. It is functioning like a plant in case of the assessee. Further, it is not the case of the revenue that assessee has claimed any depreciation on the land. In fact the claim of depreciation on golf course as a plant stands accepted in asst. yr. 1998-99 to asst. yr. 2000-01, 2002-03 and 2006-07 to 2009-10. Even otherwise, co-ordinate bench in case of Deputy CIT vs. JP greens Ltd. in ITA No. 3545-3547/Del/2009, on identical facts and circumstances considered golf course as plant and depreciation at the rate of 25 per cent was allowed holding that AO himself has allowed depreciation at that rate in past in that particular case. In view of this, ground of appeal of assessee is allowed reversing the views of the lower authorities, holding that golf course is a plant on which assessee is entitled to the depreciation at the rate of 25 per cent. - LANDBASE INDIA LTD. V/s ASSTT. CIT - [2020] 80 ITR (TRIB) 580 (ITAT-DELHI)