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2003 (5) TMI 11 - RAJASTHAN HIGH COURTDepreciation on guest house - "Whether the Income-tax Appellate Tribunal is legally justified in allowing depreciation on guest house ignoring the specific provisions of section 37(4) prohibiting allowance of depreciation on guest house?" - Sub-section (4) of section 37 starts with a non obstante clause and specifically prohibits allowance of depreciation of any building used as a guest house. It is also not the case of the assessee that the guest house was maintained as a holiday home. Once a specific provision is there whereby depreciation has been denied, the general provision which relates to depreciation will not prevail over this specific provision. Therefore, the depreciation is otherwise also not allowable on the guest house maintained by the assessee. - In the result, we answer the question in the negative, i.e., in favour of the Revenue
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