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2013 (7) TMI 879 - AT - Income TaxDepreciation on reach stacker - 25 per cent. or 40 per cent - whether it falls under the head "motor lorries as envisaged in Entry III E (1A) of Part I of Appendix-I? - Held that:- From the facts in entirety, we are of the view that "reach stacker" which is a sophisticated mobile crane manufactured by TIL Limited with a brand name RSL 45 is nothing but motor car also called motor lorries under the heavy goods vehicle. "Heavy goods vehicle" as per section 2 of the Motor Vehicle Act, 1988 means any goods carriage the gross weight of which, or a tractor or a road roller the unladen weight of either of which, exceeds 12,000 kilograms. Certificate of registration issued by the Regional Transport Officer, Kohima, Nagaland as mobile crane having vehicle No. NL 01 G 1810 proves that "reach stacker" is a mobile crane under the heavy goods vehicle. Nature and utility of the "reach stacker" will clear the type of vehicle and help us to come to the conclusion that "reach stacker" is nothing but a industrial motor car and/or industrial motor lorries. It is a special type of industrial truck which provides special services of lifting load, moving it side by side, rotating it or moving it horizontally. Most industrial trucks permit mechanized pick up and deposit of the loads, eliminating manual work in lifting as well as transporting. It will thus, be clear that motor vehicles like fire trucks, fork lifts trucks, crane trucks and reach stacker which are designed for special services fall within the category of "motor trucks" (also called "motor lorries". Even the Revenue in future assessment years has allowed the claim of the assessee. Once fall under this category, the assessee is entitled the depreciation at 40 per cent. and this view is supported by case of Gujco Carriers v. CIT [2002 (2) TMI 48 - GUJARAT High Court] - Decided in favour of assesse.
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