The assessee sold land along with the building. The assessee had valued the land and the building separately and claimed depreciation on the constructed property. The assessee offered the sale consideration attributed to the building to tax and claimed depreciation on the constructed property. The Assessing Officer assessed the entire sale consideration to capital gains. On appeal the Tribunal accepted such depreciation, however subject to rider of revaluation of another property which also formed part of the block of depreciable assets. On appeal High Court affirmed the order of the Tribunal . ( AY.2008-09)
PCIT v. Gunnebo India Pvt. Ltd. (2020) 428 ITR 233 (Bom)(HC)
S.45 : Capital gains —Block of assets – Land and building —Valued separately — Held to be justified [ S. 2(11) ]