1945 (12) TMI 4

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..... f the Commissioner of Income-tax, Bihar and Orissa, by the Appellate Income-tax Tribunal asking for the opinion of the Court on the question: Is the assessee entitled to the full amount of depreciation under Section 10(2)(vi) of the Income-tax Act irrespective of the period of user? The facts are not in dispute. The assessee is a Hindu undivided family and had a business in mica and rice .....

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..... owance in regard to time. Hence the reference at the instance of the Commissioner. The relevant provisions of the Act are contained in Section 10(2)(vi) which entitles the assessee to claim depreciation of the buildings, machinery, plant or furniture used by him for the purpose of business, profession or vocation. It is not disputed that the assessee was the owner of the building, machinery etc .....

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..... ntion to Section 10(3) which provides that where a building or machinery for which allowance is due is not wholly used for the purpose of business, profession or vocation, the allowance is restricted to a fair proportional part of the amount which would be allowable if such building or machinery was wholly so used. He argues, that the legislature has directed an apportionment only in such a case a .....

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..... purpose of the profession or vocation, that is to say, they have been used for other purposes. also. There is no such provision in the Act as would justify the view that if the machinery is not used throughout the year, then the period for which it has worked should be calculated and depreciation should be allowed in proportion to such period. The argument advanced on this occasion before us .....

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..... ion although the machinery etc., have been used by either of them only for a broken period in the same year. But it has been rightly pointed out that equity and taxation are as poles asunder and the Court cannot invoke an equitable rule in the construction of a taxing statute. For these reasons, in my view, the Appellate Tribunal has come to a correct conclusion, and I would answer the question .....

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