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1 - 9 of 9 (0.27 seconds)Commissioner Of Income Tax vs M/S Green Valley Agro Mills Ltd. & Ors. on 20 July, 2010
9. Therefore, we find no infirmity in the order of the CIT (A) vide
which it has been held that the disallowance of depreciation could not
6 ITA No.4374/Del/2010
be made on the basis of concept of block of assets and his decision is
in accordance with the decision of Hon'ble jurisdictional High Court in
the aforementioned case of CIT vs. Oswal Agro Mills Ltd. (supra). We
decline to interfere.
The Liquidators Of Pursa Limited vs Commissioner Of Income-Tax, Bihar on 9 February, 1954
2. The assessee has been assessed at a loss of `20,21,52,677/-
against the returned loss of ` 21,31,70,437/-. An addition of `
89,75,310/-, inter alia was made on account of disallowance of
depreciation on plant and machinery. It was found by the Assessing
Officer that the plant of the assessee at Bharatpur and New Delhi were
declared under lock out w.e.f. 13th November, 2000 and 8th December,
2000 respectively and they were still locked out. Therefore, the
Assessing Officer denied the benefit of depreciation on the machinery
pertaining to the plants at Bharatpur and New Delhi. The Assessing
Officer has relied upon the decisions of Hon'ble Supreme Court in the
case of Liquidators of Pursa Ltd. vs. CIT (1954) 25 ITR 265 (SC) and in
the case of CIT vs Oriental Coal Co. Ltd. (1994) 206 ITR 682 (Cal).
Commissioner Of Income-Tax vs Oriental Coal Co. Ltd. on 4 January, 1994
2. The assessee has been assessed at a loss of `20,21,52,677/-
against the returned loss of ` 21,31,70,437/-. An addition of `
89,75,310/-, inter alia was made on account of disallowance of
depreciation on plant and machinery. It was found by the Assessing
Officer that the plant of the assessee at Bharatpur and New Delhi were
declared under lock out w.e.f. 13th November, 2000 and 8th December,
2000 respectively and they were still locked out. Therefore, the
Assessing Officer denied the benefit of depreciation on the machinery
pertaining to the plants at Bharatpur and New Delhi. The Assessing
Officer has relied upon the decisions of Hon'ble Supreme Court in the
case of Liquidators of Pursa Ltd. vs. CIT (1954) 25 ITR 265 (SC) and in
the case of CIT vs Oriental Coal Co. Ltd. (1994) 206 ITR 682 (Cal).
Commissioner Of Income-Tax, West ... vs Indian Aluminium Co. Ltd. on 25 January, 1977
ii) CIT vs. Bharat Aluminium Co. Ltd., 187 Taxman 111 (Del)
wherein it has been held that the expression "used for the
purposes of business" when applied to block of assets would
mean use of block of assets and not any specific building,
machinery, plant or furniture in the said block of assets as
individual assets have lost their identity after becoming
inseparable part of the block asset.
The Taxation Laws (Amendment) Act, 2006
Commissioner Of Income Tax vs Suhrid Geigy Ltd. on 21 December, 1995
and CIT
vs Suhrid Geigy Ltd. (1982) 133 ITR 884 (Guj)/CIT vs. Jiwaji
Rao Sugar Co. Ltd. (1969) 71 ITR 319 (MP) (App.)
Commissioner Of Income-Tax vs Jiwaji Rao Sugar Co. Ltd. on 3 May, 1966
and CIT
vs Suhrid Geigy Ltd. (1982) 133 ITR 884 (Guj)/CIT vs. Jiwaji
Rao Sugar Co. Ltd. (1969) 71 ITR 319 (MP) (App.)
J.K. Synthetics Ltd. vs Income-Tax Officer on 28 June, 1985
i) Decision of ITAT in the case of Swati Synthetics vs. ITO in ITA
No.1165/M/2006 in which it was held that if the machinery
forms part of the closed unit, falling under block of assets,
then, that block of assets can be said to be used for the
purpose of business and, hence, depreciation was allowable.
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