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2022 (7) TMI 1312 - HC - Income TaxAdditional depreciation u/s 32(1)(iia) - asset put to use for less than 180 days - remaining 50% of allowable additional depreciation in the subsequent assessment year - whether the provision for allowing additional depreciation of remaining 50% is allowable in the subsequent year i.e. Assessment Year 2010-11, although the statute allowed the same w.e.f. 01.04.2016 ? - HELD THAT:- It is not disputed before us that the substantial questions of law raised in this appeal are covered by the decision in the case of Dy. CIT v. Brakes India Ltd [2012 (3) TMI 31 - ITAT, CHENNAI] followed in the case of Commissioner of Income Tax, Chennai Vs. Aztec Auto (P) Ltd [2020 (9) TMI 541 - MADRAS HIGH COURT] as held that where plant and machinery was acquired by the assessee in the second half of the financial year 2007-2008 was put to use for less than 180 days in that year and, therefore, only 10% of the additional depreciation under Section 32(1)(iia) could be allowed on same in that year, balance additional depreciation of 10% could be allowed on these assets in the relevant subsequent year 2009-10. - Decided against revenue.
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