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2017 (8) TMI 1704 - AT - Income TaxDepreciation claim - plants of such units which stood completely closed for the last 8 years, as stated in the annual report - HELD THAT:- None of the parties before us have unfolded the actual assets, their WDV etc., on which the depreciation was claimed or disallowed. As a matter of fact, the dispute still remains whether the units, on assets of which, the assessee claimed depreciation, were completely closed for ever or were kept stand by after temporary suspension of production. The assessee has not produced any material before us that the said units were kept stand by. Rather, it has also been contended on behalf of assessee before us that though as per BIFR order, those non-operative units were supposed for sale, but no action has been taken so far on account of pending approval from the Government of India. All these facts need proper examination at the level of AO before deciding the eligibility of the impugned assets for depreciation u/s. 32. We accordingly, remit the matter back to the file of AO for deciding the issue afresh in the light of observations made in the body of this order above. Assessee appeal is allowed for statistical purposes.
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