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2010 (8) TMI 51 - DELHI HIGH COURTApplication of section 40A(5) – Section 40A(5)(a) versus 40A(5)(c) – Deduction u/s 80J – nature of excess amount collected subject to decision of HC, revenue or capital – Depreciation on Building - Held that: - provision of section 40A(5)(c) is applicable and section 40A(5)(a) is not applicable in view of decision of Apex court in CIT Vs. Continental Construction Ltd. (2008 -TMI - 5637 - SUPREME Court) - If the assessee has been allowed the benefit of Section 80J in the last three preceding years, there is no reason to deny the same for the instant assessment year - in those cases where the interim orders are passed permitting the assessee to recover excess amount than the amount fixed by the government for levy sugar without any condition of refund etc., such receipt of these amounts would be treated as revenue receipt. - but excess price charged by the assessee, while the writ petition was still pending, would not be treated as a revenue receipt in the hands of the assessee company, in as much as, the excess receipt was contingent upon the success in the writ petition filed by the assessee. - part of the structure is also known as building. – assessee is entitled to take benefit of initial depreciation
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