2008 (11) TMI 656

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..... assessment year 2003-04. The assessee in this appeal has raised disputes on two different grounds which have been dealt with in the succeeding paras. 2. The first dispute is regarding disallowance of depreciation on plant and machinery amounting to ₹ 78,881/-. The Assessing Officer noted that there was no manufacturing during the year and the assessee had done only trading. He therefore d .....

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..... tivity and therefore assets had not been used for the purpose of business. The case of the assessee is that the depreciation had been allowed on some assets in the same block and therefore it has to be allowed in respect of block as a whole in view of the decision of the Tribunal in ease of Blackwell Printers (supra). It is not clear in this case as to how some assets of the block had been used wh .....

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..... inst the profit and gains of business and not under any other head. Aggrieved by the said decision the assessee is in appeal. 3.1 We have heard both the parties, perused the records and considered the matter carefully. The Learned AR for the assessee reiterated the submissions made before the lower authorities whereas the Learned DR supported the order of the CIT(A), The dispute is regarding ad .....

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..... y against business profit as the same has to form part of the depreciation of the subsequent year. In either case, the carried forward depreciation could not be adjusted against income under any other head. Under these circumstances we see no infirmity in the order of CIT(A) denying the claim of the assessee and the same is therefore upheld. 4. The third dispute is regarding the treatment of re .....

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..... hether only building had been let out or the running factory with plant and machinery and what were the reason for letting out i.e. whether the business had closed. The lease agreement is also not on record. We, therefore restore this issue to the file of Assessing Officer for passing a fresh order after necessary examination and after allowing opportunities of hearing to the assessee. 5. In th .....

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