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2002 (5) TMI 12

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..... exploration of mineral oil as per item IIID(7) of the depreciation schedule." - the question referred by the Income-tax Appellate Tribunal is answered in favour of the Revenue and against the assessee. - - - - - Dated:- 11-5-2002 - Judge(s) : N. N. MATHUR., D. N. JOSHI. JUDGMENT The judgment of the court was delivered by N.N. MATHUR J.-The Income-tax Appellate Tribunal, Jaipur Bench, ha .....

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..... assessee. A notice was also given to produce the regular books of account, if maintained by the assessee. The assessee was asked to furnish information on the following points: "1. In drilling work, total number of holes done and charges per hole with names and complete addresses of the persons for whom job work was done. 2. Any record showing day-to-day consumption of diesel. 3. Record sho .....

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..... on rig machine at 30 per cent. The Income-tax Appellate Tribunal simply referred to the aforesaid judgment of the Andhra Pradesh High Court and confirmed the finding of the Commissioner of Income-tax (Appeals). The Income-tax Appellate Tribunal has made the instant reference at the instance of the Revenue seeking opinion on the question extracted above. In order to appreciate the controversy inv .....

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..... e to another, it cannot be said that the rig and compressor either constitute integral parts of a lorry by themselves or can be appropriately called or known as a "lorry". Therefore, the rig and compressor used for drilling borewells though mounted on a lorry, cannot held to fall under the category "motor lorry" occurring in entry No. III(ii)D(9) of Part I of Appendix I to the Income-tax Rules, 19 .....

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