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- Entitlement to depreciation on assets shown in the books of account of a partnership as the assets of the partnership. Analysis: The case involved a dispute regarding the entitlement to depreciation on assets shown in the books of account of a partnership as the assets of the partnership. The assessee, an individual, had been carrying on a business in tile works and later became a partner in a firm with his son. The partnership deed specified that the assets brought into the firm by the assessee would continue to be his exclusive property. However, in the books of account of the partnership, all assets and liabilities of the assessee were recorded as assets and liabilities of the firm. The Income-tax Officer denied depreciation benefits to the assessee, considering the assets as belonging to the firm. The Appellate Assistant Commissioner supported the assessee's claim based on the partnership deed, but the Appellate Tribunal ruled in favor of the Department, stating that the firm was the owner of the assets for accounting purposes. Subsequently, the Tribunal rejected the assessee's claim of the inclusion of assets in the books being a mistake, emphasizing that no effort had been made to rectify the entries over the years. The High Court focused on the specific question of whether the assessee was entitled to depreciation, irrespective of the ownership of the assets. The Court upheld the Tribunal's decision, emphasizing that the assessee was not entitled to depreciation as the assets were deemed to be partnership property. The Court clarified that the issue was solely about the entitlement to depreciation and not the ownership of the assets, which was not under question. Referring to a previous case, the Court concluded that the answer should be against the assessee if there was no challenge to the basic finding that the assets belonged to the firm. Therefore, the Court ruled in favor of the Department and against the assessee, affirming the denial of depreciation benefits. In conclusion, the judgment resolved the issue of entitlement to depreciation on assets recorded in the books of account of a partnership, emphasizing that the assessee was not entitled to depreciation as the assets were considered partnership property. The Court's decision was based on the principle that the ownership of the assets, as per the partnership deed, did not alter the accounting treatment of the assets as belonging to the firm. The ruling highlighted the importance of consistent accounting practices and upheld the Tribunal's decision to deny depreciation benefits to the assessee.
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