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    <title>2008 (5) TMI 276 - RAJASTHAN HIGH COURT</title>
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    <description>HC upheld the assessee&#039;s position, finding the reassessment under sections 147/148 unsustainable and allowing depreciation under section 32 on leased assets. The court held the leased machines were shown in audited financials, treated as assets of the lessor for excise, insured and transported by the lessor, and lacked features of a finance lease (no transfer or purchase option). On these facts the lease was operating in nature, entitling the assessee to the claimed benefits; questions were answered in favour of the assessee and all appeals were dismissed.</description>
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    <pubDate>Tue, 06 May 2008 00:00:00 +0530</pubDate>
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      <title>2008 (5) TMI 276 - RAJASTHAN HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=33989</link>
      <description>HC upheld the assessee&#039;s position, finding the reassessment under sections 147/148 unsustainable and allowing depreciation under section 32 on leased assets. The court held the leased machines were shown in audited financials, treated as assets of the lessor for excise, insured and transported by the lessor, and lacked features of a finance lease (no transfer or purchase option). On these facts the lease was operating in nature, entitling the assessee to the claimed benefits; questions were answered in favour of the assessee and all appeals were dismissed.</description>
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      <pubDate>Tue, 06 May 2008 00:00:00 +0530</pubDate>
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