COMMISSIONER OF INCOME TAX-I vs CHENNAI PETROLEUM CORPN. LTD.

Whether the assessee was entitled to claim depreciation on the Gas Sweetening Plant which was not actually used for the purpose of business during the relevant previous year when the condition of actual user prescribed under Section 32 of the Income Tax Act 1961 was not fulfilled --- Held Yes, as the plant was ready for use and non-availability of raw material was beyond the assessee's control, satisfying the wider interpretation of 'used' to include passive use.

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