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2021 (5) TMI 546 - ITAT HYDERABADDepreciation on fixed assets i.e., golf course - HELD THAT:- As the issue of golf course being ready to use and operation thereof having been commenced in AY.2007-08 [2012 (6) TMI 904 - ITAT HYDERABAD] stands decided in Revenue’s favour in the tribunal order and the tax appeal against the same is pending before the hon'ble jurisdictional high court. That being the case, we adopt judicial consistency and confirm the impugned depreciation disallowance. More so, in view of the fact that learned co-ordinate bench has already applied its mind and no evidence to the contrary has come from the taxpayer’s side. Coming to the assessee’s case that it had derived receipts in FY.2007-08, Mr.Raghuram made a valiant attempt to refer to the paper book on record. It, however, transpired during the course of hearing that the said receipts pertain to the period from 01-04-2008 onwards relevant to AY.2009-10 only than covering the period from 01-04-2007 to 31-02-2008. We thus affirm both the learned lower authorities’ action disallowing assessee’s depreciation claim in the given facts and circumstances. - Decided against assessee.
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