TMI Blog2020 (11) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... This clearly shows that the business of the appellant is, facilitating transportation. The consideration is paid by the hirers on the basis of rates per kilometre. Thus as relying on decision of Commissioner of Income Tax v. S.C.Thakur and Bros. [ 2009 (1) TMI 20 - BOMBAY HIGH COURT] holding that higher rate of depreciation of 30% is applicable to motor lorries used in transportation business. - Decided in favour of assessee. - ITA. No. 96 of 2015 And ITA. No. 100 of 2015 - - - Dated:- 25-11-2020 - Mr. Justice K. Vinod Chandran And The Mr. Justice T.R. Ravi, JJ. For the Appellant : Sri. M. Gopikrishnan Nambiar, Sri. P. Benny Thomas, Sri. K. John Mathai, Sri. Joson Manavalan And Sri. Kuryan Thomas. For the Respondent : Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15% and not 30%. The assessee challenged the order in appeal before the Tribunal. The Tribunal by order Annexure E dated 26.4.2013 dismissed the appeal on the ground of delay. By Annexure F order in ITA Nos.194 and 195 of 2013, this Court set aside the order of the Tribunal and remitted the appeal to the Tribunal for disposal on merits. Thereafter the Tribunal issued Annexure G order dated 14.11.2014. The Tribunal found that the assesse is not engaged in the business of running the vehicles on hire and rejected the claim of the assessee. 2. Heard Sri Kuryan Thomas on behalf of the Appellant and Sri Christopher Abraham, Standing Counsel for the Income Tax department. 3. The relevant entry in the table of rates at which depreciation is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the rate of 30%. Applying the said test to the facts of this case, admittedly, the assessee is involved in supplying her vehicles on the basis of a contract, for the purpose of transportation of LPG Cylinders of M/s. Indian Oil Corporation and Bharat Petroleum Corporation Ltd. This clearly shows that the business of the appellant is, facilitating transportation. The consideration is paid by the hirers on the basis of rates per kilometre. It was also pointed out by the counsel for the appellant that following the dictum laid down in the above judgment, the Bombay High Court had dismissed an appeal filed by the Department, in the decision in Commissioner of Income Tax v. S.C.Thakur and Bros. reported in [(2010) 322 ITR 463 (Bom)], holding t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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