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TMI Blog2019 (7) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... Investments (P) Ltd vs. DCIT [ 2006 (3) TMI 670 - ITAT HYDERABAD] wherein mobile cranes registered as heavy motor vehicles were held to would fall within the expression of motor lorries and hence eligible for depreciation @ 40%. Disallowance of claim of leave encashment on provision basis - HELD THAT:- Though the issue is covered in favour of the assessee by the decision of the Hon'ble Calcutta High Court in the case of Exide Industries Ltd vs. Union of India [ 2007 (6) TMI 175 - CALCUTTA HIGH COURT] and the Coordinate Bench of the Tribunal in the case of DCIT vs. A.P Seeds Development Corporation Ltd [ 2014 (3) TMI 1004 - ITAT HYDERABAD] has followed the same to hold that the provisions made towards leave encashment is allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preciating the facts that revenue did not prefer further appeal in the assessee s own case for A.Y 2005-06 in ITA No.464/Hyd/2015 dated 06.07.2016 because of low tax effect. 4. Any other ground that may be urged at the time of hearing . 2. We find that these are the similar grounds of appeal raised by the Revenue in the case of M/s. Quippo Construction Equipment Ltd in ITA No.856 to 858/Hyd/2018. For the detailed reasons given therein, the appeal of the Revenue is dismissed. However, for the sake of ready reference, the relevant portion of the order in ITA No.856 to 858/Hyd/2018 are given below: 5. The learned Counsel for the assessee has filed a copy thereof and it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-MMV' by the Registration Authorities. In view of the ratios laid down by Hon'ble Supreme Court and followed by various Tribunals holding that the motor vehicles designed for special services are to be treated as motor vehicles, the appellant is eligible for depreciation @ 40% as claimed. Reliance is specially placed on the decisions of Hon'ble Karnataka Tribunal in the case of Bothra Shipping Services Vs. CIT (ITA No. 586/Kol/2010) and CIT Vs. Gaylord Construction (2010) 190 Taxmann 406 (Ker). Accordingly, the ground of appeal is allowed . 6. After considering the detailed submissions of the DR and perusing the Paper Book placed on record, I am of the opinion that there is no merit in Revenue's contention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules, 1962 to hold that the vehicles which are registered as heavy motor vehicles would, for the reason given, clearly fall within the expression Motor Lorries in Entry III-E(1A) of the Table in Appendix I to IT Rules and since they were used by the assessee in its business of running them on hire, the assessee was entitled to higher rate of depreciation. 7. Similar view was expressed by the Coordinate Bench of this Tribunal in the case of Ansari Holdings Investments (P) Ltd vs. DCIT (2007) 12 SOT 438 (Hyd.) wherein mobile cranes registered as heavy motor vehicles were held to would fall within the expression of motor lorries and hence eligible for depreciation @ 40%. 8. Having regard to the riv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #8377; 2,74,167/- outstanding as per Annexure D of the Tax Audit Report for the relevant A.Y. 3. That the respondent craves leave, to add, to amend, modify, rescind, supplement or alter any of the grounds stated here-in-above either before or at the time of hearing of the appeal . 5. For the reasons given in C.O. No.34/Hyd/2018 in ITA No.858/Hyd/2018, this ground of appeal is treated as allowed for statistical purposes. For the sake of ready reference, the relevant portion in C.O. 34/Hyd/2018 is reproduced hereunder: 10. As regards Ground No.1, the learned Counsel for the assessee submitted that though the issue is covered in favour of the assessee by the decision of the Hon'ble Ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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