2018 (10) TMI 296

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ction 260-A of the Income Tax Act, 1961 is directed against the judgment and order dated 14.09.2017 passed by the Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur (hereinafter referred as the 'Tribunal') by which, the assessee's appeal was allowed. Briefly stated the facts within the precincts of the questions canvassed before this court are that the assessment of the respondent-assessee for .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... igher rate of depreciation was applicable only for motor buses, motor lorries and motor taxies used in the business of renting them on hire. Against the aforesaid order dated 13.12.2016 passed by the Appellate Authority, the assessee preferred second appeal before the Tribunal, which has been allowed, vide the order impugned. The learned Members of the Tribunal, while relying upon various judici .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ubject motor vehicles were used by the assessee for his own mining purposes as well as getting rent by giving them on hire. Contention of Mr. Bissa, that with a view to claim higher rate of depreciation, the vehicles should be exclusively used on hire and reward, cannot be accepted. The language used in Item No. (iii) of Appendix-1 to the Rules do not make it obligatory for the assessee to use ve .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ion in accordance with the third proviso to clause (ii) of sub-section (1) of Section 32 [See Note 6 below this Table]" It is not in dispute that the assessee has earned rental income from these vehicles. The requirement of the provision stands satisfied, in wake of such finding recorded by none other than the Assessing Officer himself. The Commissioner (Appeals) has tried to non-suit the assess .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tor buses, motor lorries and motor taxies is having wide amplitude and the term motor lorries used therein, would take in its sweep the subject vehicles, i.e., dumper and Volvo. In view of the above discussion and in view of the finding as recorded by the Assessing Officer himself, that the vehicles in question were used for hire purposes, the assessee cannot be denied depreciation @ 30%. The ap .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X