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    <title>Assessee denied depreciation under s.32 for non-ownership of common infrastructure; refundable contributions amortised 5% annually as revenue</title>
    <link>https://www.taxtmi.com/highlights?id=93394</link>
    <description>The HC affirmed that the assessee is not entitled to depreciation under s.32 because it did not become an &quot;owner&quot; (wholly or partly) of the common infrastructural assets; a long-term leasehold or usage right does not satisfy statutory ownership required for claiming depreciation. The court upheld the disallowance of depreciation but held that the contribution towards infrastructure is not a capitalizable enhancement of building; instead, given contractual refundability diminishing at 5% per annum, the amounts must be amortised and treated as revenue deductions to the extent they crystallise (5% per annum) when they become non-refundable. The Tribunal&#039;s rejection of the revenue claim was disturbed to that extent; overall decision on depreciation was against the assessee.</description>
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    <pubDate>Thu, 16 Oct 2025 08:30:14 +0530</pubDate>
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      <title>Assessee denied depreciation under s.32 for non-ownership of common infrastructure; refundable contributions amortised 5% annually as revenue</title>
      <link>https://www.taxtmi.com/highlights?id=93394</link>
      <description>The HC affirmed that the assessee is not entitled to depreciation under s.32 because it did not become an &quot;owner&quot; (wholly or partly) of the common infrastructural assets; a long-term leasehold or usage right does not satisfy statutory ownership required for claiming depreciation. The court upheld the disallowance of depreciation but held that the contribution towards infrastructure is not a capitalizable enhancement of building; instead, given contractual refundability diminishing at 5% per annum, the amounts must be amortised and treated as revenue deductions to the extent they crystallise (5% per annum) when they become non-refundable. The Tribunal&#039;s rejection of the revenue claim was disturbed to that extent; overall decision on depreciation was against the assessee.</description>
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      <pubDate>Thu, 16 Oct 2025 08:30:14 +0530</pubDate>
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