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A sale-cum-lease back transaction with APSEB cannot be regarded as a 'sham' or as a 'financing tranasction'
December, 05th 2007
JCIT vs. Cable Corporation of India Ltd (ITAT Mumbai)

A sale-cum-lease back transaction with APSEB cannot be regarded as a 'sham' or as a 'financing tranasction'. The assessee-purchaser is eligible for depreciation.

Note: The judgement of the Supreme Court in Asea Brown Boveri Ltd. vs. IFCI 154 TM 512 was distinguished.

See also: Orix Auto vs. ACIT (ITAT Mumbai): The decision of the Supreme Court in Asea Brown Boveri vs. IFCI 154 Taxman 512 does not lay down the proposition that in all cases of lease, only the lessee shall be treated as the owner and entitiled to depreciation.
 
 
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