Bharat Mines And Minerals v. ACIT (2019) 70 ITR 684 (Bang.) (Trib.)

S. 32 : Depreciation-Block of assets-No requirement that business use of each of assets of block to be seen and examined and depreciation to be allowed only in respect of assets used. [S.2(11), 50]

The Assessing Officer allowed depreciation on some items and disallowed depreciation on some items in each of two blocks of Building and Plant & Machinery. The Commissioner (A) confirmed the disallowance. On appeal ITAT held, that the existence of an individual asset in the block of assets itself amounted to use for the purpose of business. It was not the case of the Assessing Officer that some asset of building block and plant and machinery block did not exist in the respective block of assets. The Assessing Officer had allowed depreciation in respect of some assets included in these two blocks. Hence part disallowance of depreciation in respect of some asset in each of these two blocks was not justified. Moreover none of the three conditions when an individual asset of the block goes out of block were satisfied and therefore depreciation was allowable on both the blocks in full.  (AY.2014-15)