Depreciation for unused Asset...Urgent Sir!!

This query is : Resolved 

20 September 2010 Dear Experts,
Whether Depreciation can be claimed for unused assets?
Please provide me the relevant case law and if there is any link available.
With regards,
Rajesh.

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20 September 2010 Please note that,
Usage is interpreted by Courts to include "passive use" or "potential use" and NOT necesarily "ACTIVE USE" -

Relevant case law is

Capital Bus Service Pvt. Ltd (Del.)
and Vayithiri Plantations Ltd (Mad.)

http://law.incometaxindia.gov.in/DitTaxmann/IncomeTaxActs/2009ITAct/ftn91rules005.htm

Check out the link also

22 September 2010

one more judgement the link here

https://www.caclubindia.com/judiciary/bombay-high-court-judgement-on-depreciation--1183.asp




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