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2012 (6) TMI 790 - HC - Income TaxDepreciation under section 32 on plant and machinery relating to toilet soap unit which were not put to use during the year? - Held YES - Once the factory building is put to use it is not possible to restrict the depreciation on the said building by stating that only a portion thereof has been put to use. Similarly in relation to the block of assets it is not possible to segregate items falling within the block for the purposes of granting depreciation or restricting the claim thereof. Once it is found that the assets are used for business it is not necessary that all the items falling within plant & machinery have to be simultaneously used for being entitled to depreciation. Decided in favour of assessee Whether the Appellate Tribunal is right in law and on facts in holding that if interest under section 234B is not levied specifically in the assessment order the same cannot be charged in the demand notice? - Held that - The issue is squarely covered by the decision in the case of Commissioner of Income Tax and others v. Ranchi Club Ltd. 2000 (8) TMI 79 - SUPREME Court as held that in absence of any specific direction giving reference to the section charging interest in the assessment order no interest can be levied through a notice of demand. Decided in favour of assessee
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