TMI Blog2009 (8) TMI 1156X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of earth moving equipment, namely, JCB at the rate of 40 per cent which rate is provided for Motor Buses, Motor Lorries, Motor Taxis used in the business of running them on hire. The Assessing Officer took the view that earth moving equipment, popularly known as JCB, is not Motor Buses, or Motor Lorries or Motor Taxis, eligible for depreciation at the higher rate of 40 per cent. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the expression motor lorries and is eligible for depreciation at higher rate of 40 per cent under the above entry. 3. Admittedly JCB which is used on road is registered as a motor vehicle. Though it is not used as a transport vehicle, JCB is a four-wheeled excavator-cum-transport vehicle used for excavation of earth and movement of the same, though for limited distances. Even though the pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs the description of Motor Lorry within the meaning of the entry referred above contained in the Income-tax Rules. There is no dispute that the item is not let on hire by the assessee which is one of the items of business carried on by them. The argument of Senior Standing Counsel that the case decided by the Gujarat High Court is on different facts, appears to be true because their the crane in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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