The AO disallowed depreciation on the asset on the ground that the assessee had not carried out any business activity during the year.  The CIT(A) deleted the disallowance holding that the assets were business assets of the assessee.  On appeal the Tribunal held that merely because there was no turnover during the instant year that could not be a reason for disallowance of deprecation once the asset was already put to use in the preceding years. The depreciation being a statutory allowance cannot be disallowed.  (AY. 2010-11, 2011-12)