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    <title>2026 (1) TMI 1122 - ITAT MUMBAI</title>
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    <description>Applicability of section 50 was examined in the context of motor cars for which depreciation was not claimed; because depreciation was never actually allowed, capital gains computation under section 50 could not be invoked, and the Assessing Officer lacked power to retroactively insert depreciation for concluded years by relying on Explanation 6 to section 43(6). The re-computation of depreciation and written down value for earlier assessment years was held unsustainable and the addition made under section 50 was deleted, with the appeal allowed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=785366</link>
      <description>Applicability of section 50 was examined in the context of motor cars for which depreciation was not claimed; because depreciation was never actually allowed, capital gains computation under section 50 could not be invoked, and the Assessing Officer lacked power to retroactively insert depreciation for concluded years by relying on Explanation 6 to section 43(6). The re-computation of depreciation and written down value for earlier assessment years was held unsustainable and the addition made under section 50 was deleted, with the appeal allowed.</description>
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