DCIT v. Magnum Power Generation Ltd. (2024) 209 ITD 241 (Delhi) (Trib.)

S. 37(1) : Business expenditure-Depreciation-Temporarily suspension of business-Dormant for some times-Eligible to claim revenue expenditure and depreciation of fixed assets. [S. 32]

 Assessee is engaged in business of generating, transmitting, distributing and supplying electricity.AO held that  assessee had not carried any business activities during current assessment year and since, no revenue had been claimed for same during year, no expenses could be allowed. On appeal, Commissioner (Appeals) allowed claim. On appeal the Tribunal held that since temporarily suspension of business of assessee was with a proper reason declared on record, assessee is  eligible to claim revenue expenditure as well as relevant depreciation of fixed assets during current year. Followed, Laxmi Narayan Chettiar v. CIT(1994) 205 ITR 88(Cal)(HC), L.VE. Vairavan Chettiar v. CIT (1969) 72 ITR 114 (Mad)(HC) (AY. 2012-13)