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2021 (9) TMI 1228 - KARNATAKA HIGH COURTExcess depreciation u/s 32 - as per revenue depreciation at 30% in respect of motor buses/lorries/taxi used in the assessee's business of running them on hire, whereas in the instant case, the vehicles are used for assessee's own business and therefore, will not be eligible for higher rate of depreciation - assessee claims to be a C & F agent involved in stevedoring, clearing and forwarding agency, custom house agency, steamer agency and is rendering services in New Mangalore Port - HELD THAT:- As per Supreme Court in 'RADHASOAMI SATSANG [1991 (11) TMI 2 - SUPREME COURT] has held that even though principles of res judicata do not apply to income tax proceedings, but where a fundamental aspect permeating through the different Assessment Years has been found as the fact one way or the other and the parties have allowed the position to be sustained by not challenging the order, it would not be at all appropriate to allow the position to be changed in subsequent year. Thus in view of the law laid down by the Supreme Court in RADHASOAMI SATSANG, supra and taking into account that the identical issue has been held in favour of the assessee by the Tribunal vide order dated 07.09.2013 in respect of Assessment Years 1993-94 and 1995-96 and the parties have allowed it to attain finality, it is not appropriate to allow the position to be changed in subsequent year. In the result, the substantial question of law framed in this appeal is answered against the revenue
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