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Issues involved: Disallowance of depreciation claim on a truck purchase due to alleged tax avoidance scheme and the maintainability of the appeal by the company/firm.
Dispute related to assessment year 1992-93: The assessee purchased a truck for Rs.2 lakhs, which was later transferred back to the seller's family. Authorities disallowed depreciation claim, alleging tax avoidance scheme. The appellant challenges this decision, claiming error in disallowance. Contentions: Appellant's counsel argues that the authorities erred in disallowing the depreciation claim, while Revenue's representative asserts the legality of the orders. The Revenue contends that the transaction was a tax-saving device as the money came back to the assessee shortly after the purchase. Ownership dispute: The truck was initially transferred to the appellant, but the Rs.2 lakhs paid for it returned to the assessee within a week, and the truck was eventually transferred to the seller's brother. Revenue concluded it was not a genuine transaction, just a paper one, hence depreciation claim denial was justified. Judgment: The court upheld the decision to disallow the depreciation claim, stating that a mere paper transaction without genuine substance does not entitle the assessee to claim benefits under the law. The court found no error in the authorities' decision and dismissed the appeal. The issue of appeal maintainability was not further pursued due to the dismissal of the appeal on merits.
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