Assessee company had two building structures at one location. It had let-out only a part of one such structure of the building. The rent received from the said letting was offered as “Income from House Property”. The AO disallowed depreciation on both the structures. Appeal of the assessee was dismissed by CIT(A). The Tribunal held that the depreciation was disallowable in proportion of let out constructed area to the total constructed area of the building. (AY. 2012-13)
Gold Seal Engineering Products P. Ltd. v. ACIT (2018) 66 ITR 37 (SN) (Mum.) (Trib.)
S. 32 : Depreciation -Building – Partly used for business – Depreciation on Building is disallowable in proportion of let out to total constructed area of the building. [S. 38]