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Issues:
1. Entitlement to depreciation in respect of a sum claimed as part of the actual cost of construction for business purposes. 2. Interpretation of charges levied by the Union Government in relation to land and building. 3. Reference sought on the deduction of a specific sum. 4. Assessment of expenses claimed as a bad debt or a loss incidental to business. 5. Nature of expenses claimed as repairs and deductibility. 6. Commercialization charges and their treatment for tax purposes. Analysis: 1. The judgment involved six applications under section 256(2) of the Income-tax Act, 1961, by the Commissioner of Income-tax against the same assessee for different assessment years. The primary issue was whether the assessee was entitled to claim depreciation on a sum of Rs. 36,96,516 as part of the actual cost of construction for business purposes. The Tribunal had accepted the assessee's claim, but the Revenue sought a reference to the High Court. The High Court upheld the Tribunal's decision, emphasizing that the payment was made by the assessee to acquire permission for constructing office space, making it a legitimate part of the building's cost. 2. The judgment delved into the interpretation of charges levied by the Union Government concerning land and building. The Revenue contended that the charges were related to the land and not the building, based on the lease agreement and permission for commercialization. However, the High Court affirmed the Tribunal's decision, highlighting that the payment was made by the assessee to obtain permission for constructing additional office space, making it part of the building's cost. 3. In one of the applications, a specific sum of Rs. 4,12,068 was in question for deduction. The High Court noted that a similar issue had been addressed in a previous court decision, and there was no need for a reference in this assessment year, leading to the dismissal of the application. 4. The judgment also addressed the assessment of expenses claimed as a bad debt or a loss incidental to business. The High Court emphasized that such determinations were factual in nature and did not give rise to any question of law, thereby dismissing the application related to this issue. 5. Another issue raised was the nature of expenses claimed as repairs and their deductibility. The High Court reiterated that the Tribunal's conclusion on the deductibility of these expenses was based on factual appreciation and did not involve any question of law, resulting in the dismissal of the application concerning this matter. 6. Lastly, the judgment discussed the treatment of commercialization charges for tax purposes. The High Court dismissed applications related to commercialization charges, emphasizing that the payments made by the assessee to acquire permission for construction were legitimately part of the building's cost, and no reference was justified on this aspect. Overall, the High Court upheld the Tribunal's decisions on various issues raised by the Commissioner of Income-tax, emphasizing the factual basis of the Tribunal's conclusions and dismissing the applications seeking references to the High Court.
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