25 June 2013
One of the industries in my town has been closed down by court order during the year 2011-12 and it has been resumed during the year 2012-13. The operations of a company belongs to that industry has been started from November 2012 only. So it is of the view that the Depreciation is deductible only at half of the rate of normal rate of depreciation.
Please any one clarify that the depreciation is allowable at full rate of half rate for the year of resume after shutdown ?
Is there any case law in this regard ? please mention some case laws, if any
27 June 2013
You can claim depreciation for whole year. For claiming depreciation asset has to be put to use is the only condition. If the asset is put to use but not operated no section restricts from claiming depreciation. This view has been taken by High Court in Yamaha Motors case.
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