TMI Blog2009 (2) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... ding or block of assets are put to use for business, it is not possible to restrict the depreciation by stating that only a portion thereof has been put to use – Tribunal is right in granting depreciation - 19 of 2000 - - - Dated:- 11-2-2009 - D. A. MEHTA and S. R. BRAHMBHATT, JJ. Mrs. Mauna M. Bhatt for the Applicant. JUDGMENT JUSTICE D. A. MEHTA - Income-tax Appellate Tribunal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he concurrent findings recorded, both by Commissioner (Appeals) and the Tribunal, the assessee is an old assessee who has been carrying on the same business with the same assets on which depreciation had been allowed in past. The record reveals that the reason advanced by the Assessing Officer for rejecting the depreciation is that entire factory building and all the items included in the block of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssets were not put to use at all. Once the factory building is put to use it is not possible to restrict the depreciation on the said building by stating that only a portion thereof has been put to use. Similarly in relation to the block of assets, it is not possible to segregate items falling within the block for the purposes of granting depreciation or restricting the claim thereof. Once it is f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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