The question before the High Court was whether depreciation allowance in respect of hotel assets used for the purpose of business can be reduced in any manner because of temporary closure of the hotel for part of the year  and the Tribunal is justified  in restricting the allowance to 50 percent. Allowing the appeal the Court held that block of assets on which the depreciation has been claimed by the assessee are old and none of it were acquired during the previous year relevant to assessment year, therefore, the second and third proviso to section 32 (1) shall apply. Appeal of the assessee is allowed. Followed, CIT v. Wallfort Shares & Stock Brokers (P)(Ltd) (2010) 233 CTR 42/ 41DTR 233 (SC)/ (2010) 8 SCC 137.   (AY. 1999-2000, 2000-01)