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Issues:
1. Interpretation of depreciation under the Income-tax Act, 1961. 2. Application of section 41(2) regarding profit on the sale of a truck. Analysis: The High Court of Madhya Pradesh addressed two key issues in this judgment. Firstly, the court examined the interpretation of depreciation under the Income-tax Act, 1961. The case involved a dispute regarding the allowance of depreciation on a truck sold by the assessee in the assessment year 1974-75. The Income Tax Officer (ITO) added the profits from the sale of the truck under section 41(2) of the Act. However, the Tribunal accepted the assessee's contention that no depreciation was actually allowed in earlier years, making section 41(2) inapplicable. The court emphasized that for section 41(2) to apply, the Department must demonstrate that depreciation was allowed in previous years for the asset being sold. In this case, the burden of proof was on the Department to establish the allowance of depreciation, which it failed to do. The court highlighted that the absence of evidence regarding the allowance of depreciation in earlier assessment years led to the Tribunal's decision in favor of the assessee. Secondly, the court analyzed the application of section 41(2) concerning the profit on the sale of the truck. The Department argued that the assessee should be taxed on the difference between the sale price and the written down value of the truck. However, the court found that without concrete evidence of depreciation being allowed in previous years, section 41(2) could not be invoked. The court dismissed the Department's argument that it had no opportunity to produce relevant material earlier in the proceedings, stating that the Department could have presented the necessary evidence before the Tribunal. Ultimately, the court ruled in favor of the assessee on both issues, answering the questions in the affirmative and against the Department. The judgment concluded by stating that there would be no order as to costs for the reference.
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