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2004 (4) TMI 12 - HC - Income TaxDepreciation on the plinth platforms - "Whether Tribunal was right in allowing depreciation on the plinth platforms at the rate prescribed for the 'building' and not treating them as 'plant'?" - Tribunal has really not appreciated the essential and fundamental activity of these platform, the nature of agreement and the factual foundation. If the contract and the activity are understood in proper perspective, there can be no iota of doubt that the assessee is dealing in business with this kind of platform, but not letting them as buildings. It may apparently so appear but on deeper probe and closer scrutiny, something a different picture gets frescoed from where it becomes clear that it is utilised for the business purposes – thus, reference is answered in the negative, against the Revenue and in favour of the assessee
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