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2014 (1) TMI 348 - AT - Income TaxDisallowance of Depreciation u/s 32 of the Act – Fulfillment of Conditions prescribed for claiming depreciation – Held that:- The assessee has the ownership of the vehicle, the assessee has filed temporary registration certificate issued by the Transport Authorities and also the Permanent Registration Number before the Assessing Officer - Under the Income Tax Act, to allow the claim of depreciation, the assessee has only to prove that he has put the vehicle to use before the relevant date - If the vehicle is used in contravention of the Rules provided by the respective Transportation Department, it would not effect the claim of depreciation under the Income Tax Act - It is for the respective transportation department to take action for the contravention of its Rules but the Income Tax authorities cannot disallow the claim of depreciation – thus, the claim of depreciation of the assessee allowed at the prescribed rates – Decided in favour of Assessee.
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