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2010 (12) TMI 913 - AT - Income TaxDepreciation - The assessee has been operating JCB Earth Moving Machines for which it had claimed depreciation at the rate of 30% which was scaled down to 15% by the AO on the ground that the actual depreciation allowable in respect of those machines was only at 15% - Held that:- Mobile crane was registered as a heavy motor vehicle which was, therefore, enlisted to claim depreciation at a higher rate as in the case Gujco Carriers v. CIT [2002 (2) TMI 48 - GUJARAT High Court] being relied upon by assessee whereas in the present case even the JCB Earth Movers have not been registered as a heavy motor vehicles with the Regional Transport Authorities - JCB is coming in the category of excavator and its main function is removing the soil or earth at the same time, JCB's another function is to carry or transport the removed soil and dump it at another site to discharge the function like transshipment and loading into another vehicle - Since JCB does not fall under sub-item (2), (3) and (8) of Part-III, it has to be necessarily included in sub-item (1) for which the permissible rate of depreciation is 15% - Decided against the assessee
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