TMI Blog2015 (9) TMI 649X X X X Extracts X X X X X X X X Extracts X X X X ..... 012 (8) TMI 714 - GUJARAT HIGH COURT] Thus once the Assessing Officer in the instance case has not decided/disposed of assessee’s objections to the reopening, the same is liable to be quashed - Decided in favour of assessee. - ITA No. 1685/Ahd/2011 - - - Dated:- 26-8-2015 - Shri G. D. Agarwal and S. S. Godara, JJ. For The Appellant : Shri P. B. Parmar, A.R. For The Respondent : Shri Vilas Shinde, Sr. D.R. ORDER PER S.S. GODARA, JUDICIAL MEMBER This assessee s appeal for assessment year A.Y. 2006-07 arises from order dated 21-03-2011 passed by the CIT(A)-XX, Ahmedabad in Appeal No. CIT(A)-XX/482/10-11, in proceedings under section 143(3) r.w.s. 147 of the Income Tax Act, 1961, in short the Act. 2. The assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eciation on Assets used for the purpose of business shall be allowed at prescribed rate on written down value thereof. It was observed from assessment records of the assessee that the assessee had claimed depreciation on 'Dumpers' @20% during the previous year. The written down value of dumpers was ₹ 29630228/- as on 1/04/2005. As the business of the assessee during the previous year was 'Civil contract'. The assets Dumper' would fall under Plant and Machinery for which allowable rate of depreciation for A.Y. 2006-07 was 15%. The scrutiny assessment was completed 26/12/2008 without consideration of the above fact. As the depreciation on dumpers was claimed and allowed @ of 20% instead of 15%, it had re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich is below the rate of admissible rate. Apart from the facts mentioned in the preceding paragraphs, we file our preliminary objections against the reopening of assessment for assessment year 2006-07 which is mentioned and discussed in the ensuing paragraphs. In this regard, it is to be stated that the assessment for the assessment year 2006-07 has been completed u/s. 143[3] of the Act on 26/12/2008 by the Assessing Officer after making thorough, proper and minute scrutiny and verification of books of account, documents, details, information, etc. submitted before him and also taking into the consideration of discussion had with the Assessing Officer during the course of assessment proceedings from time to time which includes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Hon'ble High Court of Bombay in the case of CIT V/s. S. C. Thakur Bros/. 221 CTR 779 where in the Hon'ble High Court has held that in view of Circular No.652 dated 14th June, 1993 and the finding of the CIT(A) that the assessee, a civil contractor, was required to transport earth from one place to another and its business receipts included charges of transportation goods, is entitled to depreciation on trucks/dumpers at higher rate. Further, the dumpers have been shown as assets in the Balance sheet. During the course of the assessment proceedings, the Assessing Officer was satisfied himself and allowed the claim of depreciation on dumpers. Further, the assessee has shown the receipts from contractor viz. M/s. KMC Construction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above stated addition on merits. The CIT(A) has rejected both of its contentions in the order under challenge. 6. We have heard both the parties and gone through the case file. The assessee s first and foremost legal argument is that the assessing authority did not dispose of its above stated objections to the impugned reopening before finalizing reassessment hereinabove. It quots case law of G K Drysofts India Ltd. vs. ITO 179 CTR 11 (SC), General Motors India Pvt. Ltd. vs. DCIT [2012] 354 ITR 244 (Gujarat) and M/s. Darsan Associates vs. ACIT ITA No. 1221/Ahd/2011 decided on 10.04.2015 supporting the validity. The Revenue strongly supports the impugned reopening action. However, it fails to rebut the factual position that the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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