Interest on Wrongful Input Tax Credit is mandatory where excess transitional credit was retained and later reversed, and related objections were rejec...
Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
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Depreciation on machinery was disputed on the ground that certain units were not used during the relevant year. The court held that, post the "block of assets" regime, depreciation is allowable with reference to the block as a whole, and not asset-wise or unit-wise; once the assessee continues its business, the block is treated as "put to use," and non-use of particular assets within the block does not defeat the claim. Section 38(2) was held inapplicable because there was no allegation of non-business or personal use. Depreciation was allowed to the assessee. - HC
Depreciation on machinery was disputed on the ground that certain units were not used during the relevant year. The court held that, post the "block of assets" regime, depreciation is allowable with reference to the block as a whole, and not asset-wise or unit-wise; once the assessee continues its business, the block is treated as "put to use," and non-use of particular assets within the block does not defeat the claim. Section 38(2) was held inapplicable because there was no allegation of non-business or personal use. Depreciation was allowed to the assessee. - HC
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