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    <title>2021 (6) TMI 881 - ITAT DEHRADUN</title>
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    <description>Income is taxable on accrual only when it represents real income, not a disputed or hypothetical claim. Capacity charges, deemed generation charges and capacity index incentive were shown only as claimable amounts, and the dispute covered the basis, modality and verification of the charges; since the amounts were later settled and offered to tax when recovery began, they did not accrue in the year under appeal. Depreciation could not be denied merely on the assertion that the assets had nil actual cost, and the Tribunal applied its earlier approach in the assessee&#039;s case for a prior year. The assessee succeeded on both issues and the departmental appeal failed.</description>
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      <description>Income is taxable on accrual only when it represents real income, not a disputed or hypothetical claim. Capacity charges, deemed generation charges and capacity index incentive were shown only as claimable amounts, and the dispute covered the basis, modality and verification of the charges; since the amounts were later settled and offered to tax when recovery began, they did not accrue in the year under appeal. Depreciation could not be denied merely on the assertion that the assets had nil actual cost, and the Tribunal applied its earlier approach in the assessee&#039;s case for a prior year. The assessee succeeded on both issues and the departmental appeal failed.</description>
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