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August 2015

Appeal to the Supreme Court – No question of law arises from the finding of fact that the sale and lease back transactions was a sham

By Kishore Karia Chartered Accountant Atul Jasani Advocate
Reading Time 1 mins
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Avasarala Technologies Ltd. vs. JCIT (2015) 373 ITR 34 (SC)

The assessee claimed depreciation on certain machinery allegedly purchased from Andhra Pradesh State Electricity Board (APSEB), vide sale deed dated 29-9-1995, which, as per the assessee, was given to the APSEB itself on lease. All the authorities found, as a fact, that there was no such purchase of machinery and the transaction in question was sham. On that basis, it was concluded that since the machinery was not purchased by the assessee, it never became the owner of the machinery and therefore could not claim any depreciation thereof. The Supreme Court held that these were pure findings of facts recorded by the authorities below and did not give rise to any question of law.

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