Addl CIT 8(1), Mumbai vs. M/S. Sanofi India Limited (Formerly Known As M/S. Aventis Pharma Ltd), Mumbai
In the result, the C.O. of the assessee for AY 2007-08 is partly allowed
ITA 6698/MUM/2011[2007-08]Status: DisposedITAT Mumbai23 Feb 2024AY 2007-08
Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am
For Respondent: Shri Ajay Chandra (CIT-DR) &
Section 32Section 32(1)
…. Vs. DCIT 160 Taxman 325, it was held that to claim write-off of discarded unit, plant and machinery u/s.31(2)(iii), same plant and machinery must have been used during such year. The Hon'ble Mumbai Tribunal in case of ACIT Vs. Rhishi Rook Polymers Pvt. Ltd. 102 ITR 121 has held that there should actual use of assets to be eligible for depreciation- not put to use because of strike or block out - no depreciation allowable. The decision relied upon by the appellant could not be submitted during the appellate proceedings. Therefore, the facts of that case cannot be known whether it was applicable to the facts of t…