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2005 (7) TMI 77 - MADRAS HIGH COURTExtra shift depreciation allowance on the leased out assets - whether the Tribunal was right in upholding the order of the Commissioner of Income-tax (Appeals) disallowing extra shift allowance and additional depreciation on the assets leased out by the assessee? - authorities below rejected this claim on the ground that since the assessee had leased out the assets it could not be said that it used the assets itself. - Since, provision of section 32A(7), has not been looked into by the Tribunal or the lower authorities, the Commissioner of Income-tax (Appeals) will consider the assessee's claim in respect of section 32A(7) also. - impugned judgments of the Tribunal and the Commissioner of Income-tax (Appeals) are set aside, and the matter is remanded to the Commissioner of Income-tax (Appeals) to pass a fresh order in accordance with law
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