TMI Blog1972 (1) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-1-1972 - Judge(s) : R. S. PATHAK., H. SWARUP. JUDGMENT The assessee was assessed in the status of an unregistered firm for the assessment year 1961-62. In the assessment order the Income-tax Officer allowed depreciation on a truck purchased by the assessee for the purpose of its business. The depreciation allowed amounted to Rs. 3,000. An appeal was filed by the assessee before the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal has referred the following question : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the Income-tax Officer was justified in allowing depreciation on the truck even though the particulars of the truck were not furnished by the assessee in Part V of the return of income but were furnished in the course of assessment proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of his business or profession shall be allowed subject to the provisions of section 34. Section 34 provides that deductions under section 32 on account of depreciation shall be allowed only if the prescribed particulars have been furnished. In what form the prescribed particulars must be furnished, or in what document, is not mentioned in section 34. There is no requirement in that section that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment proceedings he comes to know of the relevant particulars necessary for the grant of deduction, he is bound to give effect to it. There is no dispute that during the course of the assessment proceedings in this case the Income-tax Officer did come to know the date on which the track was purchased, and the original cost of the truck, and from that along with the rate prescribed by the rule ..... X X X X Extracts X X X X X X X X Extracts X X X X
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