During year, the assessee sold a factory building which was appearing as part of block of assets in its books of account and claimed depreciation on said block of building. Assessing Officer substituted sale consideration received by stamp duty valuation of property while computing written down value (WDV) for claiming depreciation on block of assets in accordance with provisions of section 50C and disallowed excess depreciation claimed by assessee. CIT(A) up held the order of the AO. On appeal the Court held that legal fiction of section 50C cannot be extended while working out WDV for purpose of claiming depreciation on block of assets. The Assessing Officer could not have substituted sale consideration received by stamp duty valuation of property while computing WDV for claiming depreciation on block of assets. disallowance of depreciation is deleted. (AY. 2017-18)
3A Composites India (P.) Ltd. v. ACIT (2025) 210 ITD 272 (Mum) (Trib.)
S. 43(6) : Written down value-Block of assets-Depreciation-Stamp valuation-Assessing Officer could not have substituted sale consideration received by stamp duty valuation of property while computing WDV for claiming depreciation on block of assets. [S. 2(11), 32, 50]
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