S. 32: The assessee has the
right to disclaim depreciation in its entirety. However, it cannot claim
depreciation for the current year and disclaim unabsorbed depreciation
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The assessee claimed
the depreciation allowance insofar as it pertained to the current year. At the
same time, it did not want to claim the set off of the unabsorbed depreciation
allowance of the previous years. The Supreme Court had to consider whether it
is open to the assessee to invoke the provisions of Section 32 of the Act by
claiming depreciation of the current year, but at the same time choose not to
make a claim of set off of unabsorbed depreciation allowance of the previous
years. HELD by the Supreme Court rejecting the plea: