Lessee cannot claim depreciation under section 32 in the absence of legal ownership; to avail the benefit of depreciation lessee has to undertake the construction activity himself as per Explanation 1 ......... The Apex Court ...... Civil Appeal No. 3360 of 2006
but lease hold land being an asset only for few years unlike normal land, shouldn't depreciation be allowed for the period of lease, lease being in the nature of financial lease?