Assessee, engaged in power projects, claimed depreciation in respect of housing colony for accommodation of staff involved in power project at rate of 5 per cent on Written Down Value (WDV) basis. AO held that rate of 3.02 per cent on WDV basis on all assets of an undertaking engaged in power project had to be computed on SLM basis and assessee could not pick and choose certain assets and claim depreciation on SLM and on other assets, claim depreciation on WDV basis. Tribunal held that since housing colony being very much part of business assets of undertaking involved in power project, depreciation thereon had to be computed on SLM basis. Accordingly the AO is directed to compute depreciation on housing colony at rate of 3.02 per cent on SLM basis. (AY. 2013-14)
Ginni Global (P.) Ltd. v. ACIT (2019) 177 ITD 278 /182 DTR 44 / 201 TTJ 524 (Jaipur)(Trib.)
S. 32 : Depreciation-Power project–Housing colony for accommodation of staff involved in power project-Directed to AO to determine to compute depreciation on housing colony at rate of 3.02 per cent on SLM basis-.Matter remanded. [S. 32(1)(i)]