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Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC’ NEW DELHI
ORDER This is an appeal by the assessee against order dated 19.02.2018 of learned Commissioner of Income-Tax(Appeals)-1, Gurugram pertaining to assessment year 2013-14.
The solitary dispute arising in the present appeal relates to the rate of depreciation on the commercial vehicles. While, assessee has claimed depreciation @ 50%, by stating that these vehicles are commercial vehicles, the Assessing Officer has rejected assessee’s claim and has allowed depreciation @ 30%.
Though, the assessee contested the aforesaid decision of the Assessing Officer before learned Commissioner (Appeals), however, he was unsuccessful.
Before me, learned counsel for the assessee submitted that the dispute is now squarely covered in favour of the assessee by the decision of the co-ordinate bench in assessee’s own case for assessment year 2011-12. A copy of order dated 11.04.2019 passed in was placed on record.
Learned Departmental Representative fairly agreed that the issue is covered by the decision of the Tribunal.
I have considered rival submissions and perused the material available on record.
On reading of paragraph 4.3 of the impugned order of learned Commissioner (Appeals), it is observed that he has upheld the decision of the Assessing Officer relying upon the orders passed by him in assessee’s own case in assessment years 2011-12 and 2013-14.
However, while deciding identical dispute arising in assessee’s own case in assessment year 2011-12, the Tribunal, in the order referred to above, has accepted assessee’s claim of depreciation @ 50%. Thus, respectfully following the aforesaid decision of the co-ordinate bench in assessee’s own case, I direct the Assessing Officer to allow depreciation @ 50%.
In the result, the appeal is allowed.