Depreciation on tank treated as building denied for failure to prove the applicable rate and required particulars.

Depreciation under section 5(f) of the Tamil Nadu Agricultural Income-tax Act is available only if the asset fits the statutory description and the assessee furnishes the prescribed particulars. Rule 4 links the depreciation rate to the rates under the Income-tax rules, so even a tank assumed to be a building within the Explanation to section 5(f) could not qualify without proof of the applicable rate and the necessary supporting details. A general assertion that the tank was a depreciable building was insufficient, and the claimed depreciation was disallowed.

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Issues: Whether the assessee was entitled to depreciation on the tank claimed as a building under section 5(f) of the Tamil Nadu Agricultural Income-tax Act, 1955, read with rule 4 of the Tamil Nadu Agricultural Income-tax Rules, 1955.

Analysis: The deduction for depreciation under section 5(f) is available only when the asset falls within the statutory description and the prescribed particulars are furnished. Rule 4 ties the depreciation rate to the rates prescribed under the Income-tax rules. Even assuming that the tank could be treated as a building within the Explanation to section 5(f), the assessee was still required to establish the applicable rate of depreciation under the relevant income-tax rules and to furnish the necessary particulars. No such particulars or specific claim for the applicable rate were made, and the general plea that the tank was a depreciable building was insufficient.

Conclusion: The assessee was not entitled to the claimed depreciation, and the disallowance was upheld.

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