9911796707
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Issues:
1. Dispute over enhancement of n.p. rate applied by the Assessing Officer for depreciation. 2. Allowing of expenditure claimed out of truck plying receipts. 3. Allowing of depreciation and interest to third parties out of n.p. rate applied to contract receipts. 4. Direction to apply g.p. rate on truck plying receipts. 5. Rejecting Assessing Officer's petition for rectification of assessed income falling below returned income. Issue 1: The first issue revolves around the enhancement of the n.p. rate applied by the Assessing Officer for depreciation. The appellant sought permission to raise an additional ground, which was rejected due to being time-barred and raising a new issue. The Tribunal relied on a previous decision and upheld the CIT(A)'s order to allow depreciation separately after determining the net profit by applying a specific rate, finding no fault with the impugned order. Issue 2: The second issue concerns the allowance of expenditure claimed out of truck plying receipts. The Tribunal found no justification in the Assessing Officer's action to treat the entire amount as not profit, as it represented casual hire receipts requiring appropriate expenses to be allowed. Consequently, the Tribunal declined to interfere with the CIT(A)'s order on this matter, leading to the dismissal of the revenue's appeal. Issue 3: Regarding the allowance of depreciation and interest to third parties out of the n.p. rate applied to contract receipts, the Tribunal referred to previous decisions and upheld the CIT(A)'s order, finding no fault with the direction given. The Tribunal also addressed the issue of assessed income falling below the returned income separately in another appeal. Issue 4: The dispute over the direction to apply a g.p. rate on truck plying receipts was analyzed by the Tribunal. It was noted that the Assessing Officer did not provide a basis for adopting a 30% profit rate, unlike the CIT(A) who referred to cited cases and applied a 20% rate. The Tribunal found no fault with the CIT(A)'s decision and declined to interfere, resulting in the dismissal of the revenue's appeal. Issue 5: The final issue involved the rejection of the Assessing Officer's petition seeking rectification of the assessed income falling below the returned income. The Tribunal considered the rectification necessary for justice and directed that the assessed income be restricted to the returned income, reversing the CIT(A)'s decision and allowing the revenue's appeal in this regard. In conclusion, the judgment addressed various issues related to the assessment years 1991-92 and 1992-93, covering disputes over depreciation rates, expenses, interest payments, and rectification of assessed income. The Tribunal relied on legal precedents, previous decisions, and relevant facts to make determinations, ultimately dismissing some appeals and allowing others based on the merits of each issue presented.
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