9911796707
TMI Blog2013 (6) TMI 902X X X X Extracts X X X X X X X X Extracts X X X X ..... sment year 2010-2011 is directed against the order of the CIT(A)-XVI, Ahmedabad dated 28.12.2012. 2. The only ground of the appeal of the assessee is as under: 1. The ld.CIT(A) has erred both in law and in fact in reusing to grant depreciation of ₹ 3,83,427/- on motor car used for business of your appellant. 3. The learned counsel for the assessee submitted that in accordance with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel for the assessee. He relied on the orders of the AO and the CIT(A), and referred to various paras of the assessment order in support of the case of the Revenue. 4. We have considered rival submissions and have perused the orders of the AO and the CIT(A). We have also perused the contents of the notification dated 19.1.2009 of the CBDT, which is reproduced hereunder: As per Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und and should be registered in the name of its director or partner. In case of an individual taxpayer, commercial vehicle means vehicle used for business or profession like lawyer, doctor, etc. do but not salaried employees. For a vehicle purchased between 1st January, 2009 and 31st March, 2009, depreciation can be availed for financial year 2009-10 and onwards at same rate of 50%. The effective ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en controverted by the Revenue. Other conditions of the allowability of higher rate of depreciation, as per the provisions of the law, have been fulfilled by the assessee, and the Revenue has not doubted the same. In these facts of the case, we decide the issue in favour of the assessee and the ground of the appeal of the assessee is allowed. 6. In the result, the appeal of the Assessee is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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