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| The Tax Publishers2019 TaxPub(DT) 0615 (Mum-Trib) INCOME TAX ACT, 1961
Section 32(1)
Documents such as maintenance and amenities bills, registration with Government authorities and certificate from Dy. Director of Industries clearly proved that assessee had used building in question during the year under consideration and, therefore, disallowance of depreciation was not justified.
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Depreciation - Allowability - Asset put to use -
Assessee purchased certain building and claimed depreciation thereon. AO disallowed depreciation on the ground that building was not put to use during the year.Held: Assessee had provided various documents such as maintenance bills, amenities bill, shifting of files, parking space letter, computer installation report, registration with government authorities, etc. These documents were acknowledged by third party and same were not doubted by AO. Also, assessee provided computer installation and testing report and certificate from Dy. Director of industries to prove that assessee had commenced business from said premises on 1-8-2011. Accordingly, assessee had beyond doubt proved that assessee was owner of building and used said premises during the year under consideration. Therefore, disallowance of depreciation was not justified.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2012-13
INCOME TAX ACT, 1961
Section 14A
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