1945 (12) TMI 4

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....is is a reference at the instance of the Commissioner of Income-tax, Bihar and Orissa, by the Appellate Income-tax Tribunal asking for the opinion of the Court on the question: "Is the assessee entitled to the full amount of depreciation under Section 10(2)(vi) of the Income-tax Act irrespective of the period of user?" The facts are not in dispute. The assessee is a Hindu undivided fa....

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....ny apportionment of the depreciation allowance in regard to time. Hence the reference at the instance of the Commissioner. The relevant provisions of the Act are contained in Section 10(2)(vi) which entitles the assessee to claim depreciation of the buildings, machinery, plant or furniture used by him for the purpose of business, profession or vocation. It is not disputed that the assessee was th....

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....cate for the assessee also drew attention to Section 10(3) which provides that where a building or machinery for which allowance is due is not wholly used for the purpose of business, profession or vocation, the allowance is restricted to a fair proportional part of the amount which would be allowable if such building or machinery was wholly so used. He argues, that the legislature has directed an....

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....ve not been used exclusively for the purpose of the profession or vocation, that is to say, they have been used for other purposes. also. There is no such provision in the Act as would justify the view that if the machinery is not used throughout the year, then the period for which it has worked should be calculated and depreciation should be allowed in proportion to such period." The argum....