The
assessee bought electric meters from Rajasthan State Electricity board (RSEB)
and leased them back to RSEB on hire purchase basis. The Department didn’t
allow assessee’s claim of depreciation on the said electric meters as it was of
the view that the said transaction was a sham transaction in light of the ratio
laid down in McDowell’s case (154 ITR 148). It was held by the Hon’ble High
Court that the said transaction was a genuine transaction and the assessee was
eligible for depreciation on the said electric meters.
[PARAMOUNT
POLLUTION CONTROL LTD. - TAX APPEAL No.166 of 2000 - GHC]
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