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Income Tax - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

Depreciation on assets disallowed by authorities due to invoices ...


Asset depreciation disallowed over invoice errors; assessee's arguments upheld.

Case Laws     Income Tax

August 28, 2024

Depreciation on assets disallowed by authorities due to invoices bearing names of associate company and incorrect dates. Assessee contended ownership transferred via inter-office memos, incorrect invoice dates rectified, assets in use with payments made during assessment year. Business transfer agreement for purchase of running business caused delay in record date of acquisition. No employee cost as operations commenced with directors and assistance from associates, with billing arrangement of cost plus 15% markup to associated enterprise. When revenue accepted based on depreciation plus markup, no reason to deny cost. Authorities erred in disallowing depreciation. Decided in favor of assessee.

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