2010 (9) TMI 137

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.... SIKRI, J. (ORAL) 1. The respondent assessee is in the business of manufacturing of Turbo Chargers. Because of some compulsions, economic or market, the production of Turbo Chargers could not be carried out. However, the assessee company did not close down. In the assessment years 2002-03 and 2003-04, in the return filed by the assessee, it claimed certain expenses which were denied by the Asse....

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....ess of Turbo Charges was in existence and merely because orders were not received, there could not be any adverse inference. The revenue filed SLP against this order which was also dismissed by the Supreme Court on 6th November, 2009. 2. In the present appeal, we are concerned with the assessment year 2004-05. In this year again, the Assessing Officer had passed stereo-type order and disallowed....

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....ever, at the same time, we find that the assessee had claimed business expenses under the following head:- "Cost of manufacturing and Sales Rs.5,40,148 Sales Admn. Expenses Rs.28,20,308 Depreciation Rs.62,00,756 Preliminary expenses written of Rs. 1,519   Rs. 95,62,731" These include claim of depreciation as well. 4. The argument which is raised by Ms. Bans....

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....tled to claim depreciation, it was necessary for the assessee to prove and show on record that the machinery in question was used. We are also of the opinion that at this stage that the assessee had diversified its manufacturing activity as it had started manufacturing of coin blanks. However, no details are furnished in respect of the aforesaid claim of deprecation namely, whether it was on the p....