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2004 (2) TMI 9 - HC - Income TaxDepreciation – Garden building - Maintenance of gardens - "1. Whether was right in holding that the garden building and the furniture thereon were modes of advertisement to the assessee-company and the assessee was entitled to depreciation thereon? 2. Whether Tribunal was right in holding the expenditure incurred on maintenance of gardens and depreciation on garden building, furniture and other accessories as deductible expenditure under section 37 read with sections 28 and 32 of the Income-tax Act, 1961?" - When the gardens were not maintained for the purpose of business, the Tribunal has committed an error again in allowing depreciation on the assets which form part of such gardens. In the result, we answer the questions in the negative, i.e., in favour of the Department and against the assessee.
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