https://www.taxtmi.com/caselaws?id=22265 Depreciation is available only where the assessee satisfies the statutory ownership and user conditions strictly. A building could not qualify because title had not passed for depreciation purposes until registration, so mere possession or use was insufficient. Drilling machines used for boring borewells also did not fall within the entry for earth-moving machinery used in heavy construction works such as dams, tunnels and canals, because that category could not be widened to machinery serving a materially different purpose. The higher depreciation claim was therefore rejected on both items in favour of the Revenue. en-us Tue, 26 Mar 1991 00:00:00 +0530 Tue, 08 Dec 2009 15:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=22265 Depreciation is available only where the assessee satisfies the statutory ownership and user conditions strictly. A building could not qualify because title had not passed for depreciation purposes until registration, so mere possession or use was insufficient. Drilling machines used for boring borewells also did not fall within the entry for earth-moving machinery used in heavy construction works such as dams, tunnels and canals, because that category could not be widened to machinery serving a materially different purpose. The higher depreciation claim was therefore rejected on both items in favour of the Revenue. Case-Laws Income Tax Tue, 26 Mar 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=22265