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2013 (2) TMI 347 - ITAT DELHIAdditional Depreciation on plant and machinery - disallowance as assessee additional depreciation as plant and machinery which were acquired in assessment year 2005-06, whereas the installation of the said plant and machinery was completed on 31.1.2006 i.e. in the year under consideration - Held that:- During the year for claiming additional depreciation u/s 32(i)(iia) both the conditions that new machinery or plant has been acquired and installed after 31.3.2005 were required to be fulfilled . Since undisputedly the new machinery or plant in question were not acquired after 31st day of March, 2005, the authorities below were justified in denying the claimed additional depreciation under the said provisions on that basis. Agreeing with the view of the Ld. CIT(A) that the court interprets a law and cannot legislate. The action of the authorities below in this regard is thus upheld. The ground is accordingly rejected.
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