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2015 (11) TMI 489 - AT - Income TaxExpenses of building repair - revenue v/a capital expenditure - Held that:- By applying the ratio of judgement in the case of Kaira Distt. Cooperative Milk Producers Union Ltd. [1991 (6) TMI 63 - GUJARAT High Court] and Delhi Press Samachar Patra (P.) Ltd. (2010 (2) TMI 43 - DELHI HIGH COURT) the expenditure incurred by the assessee for water proofing work, fall in the category of current repairs and not the luxury repairs, hence, allowable as deduction u/s 30A(ii) of the Act. - Decided against revenue. Disallowance of depreciation - Held that:- Depreciation on land which was used for installation of WEG at 80% as claimed by the assessee is concerned, no material whatsoever has been brought on record by the assessee to make out as to how the land on which WEG functions, got depreciated. Even no deterioration is proved to be caused to land because of installation of plant and machinery on the same. Rather, it is a matter of common knowledge that the land, on which some industry is running, gets appreciated in terms of its value. So, no ground is made out to interfere into the order of Ld. CIT(A) in disallowance of depreciation on WEG land to the tune - Decided against assessee.
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