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    <title>1992 (4) TMI 216 - DELHI High Court</title>
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    <description>HC held the assessee entitled to depreciation on plant and machinery under s. 32(1)(ii) for AY 1968-69, despite not having claimed 100% depreciation under the proviso in the earlier year, as the proviso confers an additional, not exclusive, benefit. The question on s. 80J relief was treated as academic; for s. 80-I, profits must be computed after deducting depreciation. The assessment made u/s 143(3) after setting aside the ex parte order u/s 144 by recourse to s. 146 was upheld as valid. The HC held that levy of interest u/s 217 can be challenged on the ground of non-liability. The Tribunal erred in refusing to admit a pure question-of-law additional ground, but commission income as selling agent of a foreign company was held not eligible for deduction u/s 80-I.</description>
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    <pubDate>Wed, 22 Apr 1992 00:00:00 +0530</pubDate>
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      <title>1992 (4) TMI 216 - DELHI High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=21458</link>
      <description>HC held the assessee entitled to depreciation on plant and machinery under s. 32(1)(ii) for AY 1968-69, despite not having claimed 100% depreciation under the proviso in the earlier year, as the proviso confers an additional, not exclusive, benefit. The question on s. 80J relief was treated as academic; for s. 80-I, profits must be computed after deducting depreciation. The assessment made u/s 143(3) after setting aside the ex parte order u/s 144 by recourse to s. 146 was upheld as valid. The HC held that levy of interest u/s 217 can be challenged on the ground of non-liability. The Tribunal erred in refusing to admit a pure question-of-law additional ground, but commission income as selling agent of a foreign company was held not eligible for deduction u/s 80-I.</description>
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      <pubDate>Wed, 22 Apr 1992 00:00:00 +0530</pubDate>
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