9911796707
|
Home
Issues:
1. Interpretation of depreciation rates for trucks used in business. 2. Determination of depreciation rate based on truck usage for hire or personal business. 3. Consideration of income source for determining depreciation rate. Analysis: 1. The Revenue filed an application under Section 256(2) of the IT Act, 1961, questioning the Tribunal's decision to allow higher depreciation on a truck used for business purposes. The dispute centered around whether the assessee was entitled to depreciation at 40% rather than 30% on the truck used for its business operations. 2. The assessee, a firm engaged in manufacturing, claimed 40% depreciation on a truck in its tax return. The Assessing Officer (AO) disallowed this claim, allowing only 30% depreciation. The Commissioner of Income-tax(Appeals) upheld the AO's decision, stating that the truck was not used for hire but for the assessee's business. However, the Tribunal allowed 40% depreciation, considering the income derived from truck operations. 3. The Revenue argued that the Tribunal erred in not referring the question of depreciation rates to the High Court. They contended that the truck's usage for hire should determine the depreciation rate, citing a previous court ruling. On the other hand, the assessee's counsel argued that the Act does not restrict 40% depreciation to transporters only. They emphasized that the truck was registered as a public carrier and partly used for business purposes, justifying the higher depreciation rate. 4. The High Court analyzed the facts and previous rulings, noting that the Tribunal found substantial income from hiring the truck. They distinguished the current case from a previous case involving stone transportation. The Court emphasized that the key issue was whether the truck generated income from hiring, irrespective of the primary business activity. They concluded that no legal question arose, upholding the Tribunal's decision to allow 40% depreciation. 5. In summary, the High Court dismissed the Revenue's application, affirming the Tribunal's decision to allow 40% depreciation on the truck used for business operations. The judgment clarified that income from hiring the truck, even if a portion of total receipts, justified the higher depreciation rate, irrespective of the primary business activity.
|
