2014 (12) TMI 185

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..... l) 1. The first issue raised in the present appeal relates to additions made by the Assessing Officer under Section 40(a)(ia) of the Income Tax Act, 1961 on the ground that the tax deducted at source was deposited with the government after the end of the relevant Assessment Year. It is accepted by revenue that the tax deducted at source was deposited before the due date of the filing of the retur .....

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..... 55 (ST.) 55, reads:- "Subject: Section 32 of the Income-tax Act, 1961 -Rate of depreciation on motor lorries used in the business of transportation of goods - Regarding. Under sub-item 2(ii) of Item No. III of Appendix I to the Income Tax Rules, 1962 higher rate of depreciation is admissible on motor buses, motor lorries and motor taxis used in a business of running them on hire. A question has b .....

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..... business of the assessee". 3. The factual findings by the Tribunal is that the assessee had entered into contracts with the third parties for the transportation of coal, iron etc. The aforesaid factual finding shows that the assessee was plying the motor lorries for hire. Transportation of goods was the business of the assessee, and was generating revenue/income. It is not the case of the revenue .....

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