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2017 (11) TMI 1607 - HC - Income TaxDenial of depreciation on plant and machinery - asset was to be used for trial production business of manufacture of 'Clinker' - period of time asset being used - Held that:- In facts of the present case, we find that the issue is no longer res integra in view of the decision of Industrial Solvents & Chemicals (P) Ltd. (1978 (6) TMI 20 - BOMBAY High Court). We have no hesitation in holding that the Order of the Tribunal cannot be faulted inasmuch as the jurisdictional High Court has already held that once plant commences operation and even if product is substantial and not marketable, the business can said to have been set up. Mere breakdown of machinery or technical snags that may have developed after the trial run which had interrupted the continuation of further production for a period of time cannot be held ground to deprive the assessee of the benefit of depreciation claimed - Decided in favour of assessee.
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