9911796707
TMI Blog2023 (7) TMI 341X X X X Extracts X X X X X X X X Extracts X X X X ..... n @ 30% on Dumper, Tipper etc. Thus the grounds raised by the Revenue is devoid of merits. - ITA No. 194/Rjt/2018 - - - Dated:- 5-7-2023 - Smt. Annapurna Gupta, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member For the Assessee : None For the Revenue : Shri Shramde ep Sinha, CIT-DR ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Revenue as against the Appellate order dated 14.03.2018 passed by the Commissioner of Income Tax (Appeals)-3, Rajkot arising out of the assessment order passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) relating to the Assessment Year (A.Y) 2014- 15. 2. The brief facts of the case is that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee has taken the equipment on hire, then there would be no question of claiming depreciation thereon. It is therefore, prayed that the order of Ld. CIT(A) be set aside and that of AO be restored to the above extent. 4.1. None appeared on behalf of the assessee in spite of service of notices. 5. Ld. CIT-D.R. Shri Shramdeep Sinha appearing for the Revenue fairly admitted that the issue of higher rate of depreciation is squarely covered against the Revenue in assessee s own case for the earlier assessment years. Respectfully following the same, the appeal is to be decided against the Revenue. 6. We have given our thoughtful consideration and perused the materials available on record. The Ld. CIT(A) extracted the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usiness of the assessee firm itself was equipment motor vehicles owners and providing them on hire Assessee has received income from contract which includes various operations including transportation. We observe that facts and issue in the case of Balani Ores Ltd. etc. vs. State of Orissa AIR 17, 1975 SCR (2) dumpers and rokers though registrable under the Motor Vehicle Act are not taxable under the Taxation Act of the Orissa Govt. as long as they are working solely within the premises of the respective owner are distinguishable from the case of the assessee wherein the issue is that higher rate of depreciation to be available on giving the motor vehicle on hire. We find the fact of the case of the assessee are distinguishable from the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Shiv Constructions (1987) 165 1TR 159 (Guj.) that dumpers were road transport vehicles. The High Court held in the decision at page 160 that the Department could not take contradictory stands. The decision of Bombay High Court in the case of Shall Construction Ltd. Bombay High Court in Shah Construction Co. Ltd. v. Commissioner (1991) 188 ITR 537 (Bom.) relates to development rebate in the case of dumpers. It has been specifically observed in the aforesaid decision that it was the assessee's case that dumpers had been purchased to secure an efficient system of transport . It was found in said decision as a fact, that dumpers were identical to trucks except for some minor variation. It was because of these findings that the dumpers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsported must belong to someone else and use of motor vehicles for transportation is a key to claim higher depreciation. After perusal of material on record we find that the assessee is engaged in providing equipment and motor vehicle on hire. After considering the above facts, judicial pronouncements, elaborate findings of the Ld. CIT(A) we do not find any reason to interfere in the findings of the Ld. CIT(A). Therefore, the appeal of the revenue is dismissed. 6.1. Respectfully following the Co-ordinate Bench of this Tribunal, we have no hesitation in following the same, and allow the benefit of higher rate of depreciation @ 30% on Dumper, Tipper etc. Thus the grounds raised by the Revenue is devoid of merits. 7. In the result, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
