Depreciation on plant & machinery is allowance to be reduced as per section 32 of the Income Tax Act .Apart from the ownership , the second most important condition for allowance of depreciation on plant & machinery is that it should be used for the purpose of business or profession. But in practical and real life situation , there are many instances when the facts and circumstances will show that the assessee was forced not used the plant & machinery because of compelling situation . So , will he get the depreciation on the basis of such facts and circumstances ? While the Income Tax Act is totally silent on that aspect of allowance of depreciation, , fortunately Courts and Tribunals have given wider meaning of use of plant and machinery for the purpose of depreciation claim u/s 32.
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