section
32/Income-tax Act
[2004] 141 taxman 62 (bom.)
High Court of Bombay,
Nagpur Bench
Dineshkumar
Gulabchand Agrawal
v.
Commissioner
of Income-tax
V.C.
Daga and A.M. Kanade, JJ.
IT
Appeal No. 2 of 2001
January
9, 2003
Vehicle, kept ready
for use, but not actually used, is not
entitled to depreciation
Section 32 of the
Income-tax Act, 1961 - Depreciation - Allowance/rate of - Whether word ‘used’
denotes actually ‘used’ for purposes of business and not merely ready for use -
Held, yes - Whether where vehicle was not actually used, but it was kept ready
for use, assessee was not entitled to claim the benefit of depreciation on such
assets - Held, yes
Words and phrases -
‘used’ as occurring in section 32 of the Income-tax Act, 1961
Case referred
to
Whittle Anderson Ltd. v. CIT [1971] 79
ITR 613 (Bom.) [Para 2].
V.R. Chaudhari for
the Appellant. Anand Parchure for the Respondent.
Judgment
1. Heard learned counsel appearing on behalf of
the appellant.
2. Learned
counsel appearing on behalf of the appellant has raised a question as framed in
the appeal memo and tried to contend that even if the vehicle was not actually
used but since it was ready for use, the assessee was entitled to claim the
benefit of depreciation on such assets. He sought to place reliance on the
judgment of this Court in the case of Whittle Anderson Ltd. v. CIT
[1971] 79 ITR 613. In the above judgment, this Court was concerned with the
interpretation of the expression “use” or “used”, whereas we are concerned with
the interpretation of the word “used”. It appears that after the above
judgment, there was an amendment to section 32 of the Income-tax Act. The word
“used” denotes actually used and not merely ready for use. The expression “used”
means actually used for the purposes of the business. The view is taken by the
Tribunal. In this view of the matter, no substantial question of law is
involved. The appeal is dismissed in limine with no order as to costs.
nn