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2018 (8) TMI 1967 - ITAT AHMEDABADHigher Depreciation @ 30% on hydra cranes - cranes are used in the business of running them on hire - HELD THAT:- Hon’ble Jurisdictional High Court of Gujarat in the case of Gujco Carrier [2002 (2) TMI 48 - GUJARAT HIGH COURT] held that motor vehicle like fire truck, fork lift truck and crane truck which are designed for special services fall within the category of other trucks also called motor lorries. Motor crane was registered as a heavy motor vehicle and was an integral part of motor vehicles on which it was mounted and it was registered as heavy motor vehicles and that crane was used for lifting and moving goods. Mobile crane was also registered with RTO as heavy motor vehicle which was mounted on a truck. Lorry or truck would mean not only any motor vehicle designed to carry freight or goods but also to perform said services like fire fighting, therefore, a truck adopted or designed to carry a crane is mounted for such services on lifting load, moving it side by side, rotating it or moving it horizontally. Similarly the CBDT Instruction No.617 refer to folk lifting truck of higher rate of deprecation. On the perusal of the findings of the jurisdictional High Court in the case of Gujco Carrier it is clear that types of cranes having with the assessee are completely of different from categories mentioned in the decision of Hon'able jurisdictional High Court in the case of Gujco Carrier and in the instruction no.617 of the CBDT. We observe that all the 7 categories of cranes on which higher rate of depreciation were claimed were not integral part of truck crane as elaborated above in the judicial findings except the hydra crane being mounted on the truck on which the ld. CIT(A) has correctly allowed the higher rate of depreciation. - Decided in favour of assessee.
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