Case Law Details

Case Name : CIT Vs. Yamaha Motor India Pvt. Ltd. (2010) 328 ITR 297 (Delhi High Court)
Appeal Number :
Date of Judgement/Order :
Related Assessment Year :
Courts : All High Courts (4115) Delhi High Court (1279)

CIT Vs. Yamaha Motor India Pvt. Ltd. (2010) 328 ITR 297 (Delhi High Court) – The issue under consideration in this case is whether depreciation is allowable on the written down value of the entire block, even though the block includes some machinery which has already been discarded and hence, cannot be put to use during the relevant previous year.

On the above issue, it was observed that the expression “used for the purposes of the business” in section 32 when used with respect to discarded machinery would mean the use in the business, not in the relevant financial year/previous year, but in the earlier financial years. The discarded machinery may not be actually used in the relevant previous year but depreciation can be claimed as long as it was used for the purposes of business in the earlier years provided the block continues to exist in the relevant previous year. So, the condition for claiming depreciation in respect of the discarded machine would be satisfied if it is used in the earlier previous years for the business.

More Under Income Tax

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Category : Income Tax (27228)
Type : Judiciary (11419)
Tags : high court judgments (4425) section 32 (141)

0 responses to “Would the phrase “used for purpose of business” in respect of discarded machine include use of such asset in the earlier years for claim of depreciation under section 32?”

  1. CA.Subhash Chandra Podder says:

    Verdict is correct.
    CA. Subhash Chandra Podder
    Kolkata
    29/01/2012

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