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2002 (11) TMI 14 - HC - Income TaxWhether, when the assessee had agreed that depreciation claim will not be allowed for the period of five months, i.e., for the assessment year 1982-83, it was open to the assessee to claim depreciation on the ground that the condition imposed was illegal? - Simply because the assessee did not challenge the validity of such an unreasonable and arbitrary order at an initial stage, it would not deprive the assessee of its right to claim depreciation, the right which has been given to him under the statute – Thus question is answered in affirmative and in favour of assessee
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