1935 (7) TMI 21

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....and United Provinces. The facts are not in dispute, and the only question for determination before us is whether the assessee, Rao Bahadur Bhikaji Venkatesh, was entitled to any allowance in respect of depreciation of buildings, machinery, plant or furniture under Sec. 10(2)(vi) of the Act for the year in respect of which the assessment was made. Rao Bahadur Bhikaji Venkatesh owns a ginning fac....

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....the year, or else no allowance can be made for depreciation. This is the view that has been taken in Radha Kishen & Sons v. Commissioner of Income Tax, Punjab. The learned Counsel for the assessee contended that the words "used for the purpose of the business", occurring in Sec. 10(2) (iv), were general and only meant "such as were generally used or might be used for the purposes of the busines....

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.... in point. There, as in the present case, the machinery, plant and buildings belonging to the Sri Gopalji Company were not actually used in the business which was carried on by the company during the year, but were used for the purposes of other business, and it was held that the company could not claim any allowance on account of depreciation. The case in Sadhucharan Roy v. Commissioner of Income....

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....they were lying idle, insurance would presumably be effected at a very much lower rate. We do not think, then, that any safe deduction can be made from clause (iv) of Sec. 10(2) with regard to clause (vi) of that Section. We must hold, as indicated above, that in the latter clause, though the words "such buildings, machinery, plant, or furniture" would mean "buildings, machinery, plant or furnitur....