Commissioner of Income tax vs. Sri. B. Ramesh,

depreciation debited to profit and loss account by the assessee, which is impermissible by them in terms of the statute and also in the light of the judgment of the Supreme Court in Apollo Tyres case (1st supra). The fairness on the part of the learned Senior Counsel for the Revenue is highly appreciable. 9) Therefore, in the light

INCOME TAX BANGALORE vs. SHALINI BHUPAL

Appeal is dismissed

depreciation in respect of such machi-nery or plant has been allowed or is allowable under the provisions of this Act in computing the total income of any person for any period prior to the date of the installation of the machinery or plant by the assessee. Explanation 2.—Where in the case of an industrial undertaking, any machinery