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2018 (11) TMI 136 - HC - Income TaxHigher rate of depreciation on trucks/dumpers u/s 32 - @15% or 30% - assessee is a sole proprietorship firm engaged in the business of civil work - Held that:- Having heard the learned counsel for the appellant and perused the impugned order, we find that the two arguments, which the appellant has raised now on the basis of which he proposed two questions of law do not arise in the facts of the present case as no such arguments were raised on behalf of the appellant-assessee before any of the authorities below. Perusal of the order passed by the CIT(A) as also of Income Tax Appellate Tribunal does not reflect whether any one of these arguments were raised by the appellant before them, therefore, such arguments cannot be allowed to be raised before this Court for the first time. The Tribunal in the impugned order has relied on the judgement of the Madhya Pradesh High Court at Gwalior in M/s. Anamay Construction Co. vs. UOI & Ors [2015 (10) TMI 2740 - MADHYA PRADESH HIGH COURT]wherein it was held that the assessee had engaged his own trucks for transporting earth to facilitate laying of roads. Under such circumstances, the assessee cannot be said to be in the business of hiring out his trucks for removal of earth to make him entitled for higher rate of depreciation, as removal and transportation of earth are only sub-processes of his main business of laying of roads. The Tribunal on the same assumption had also relied on judgement of the Kerala High Court in Gaylord Constructions [2009 (8) TMI 1156 - KERALA HIGH COURT]. No substantial question of law.
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