COMMISSIONER OF INCOME TAX vs. BHANDARI INTERSETATE CARRIERS

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ITA - 681 / 2008HC Delhi08 July 20081 pages
For Petitioner: PREM LATA BANSAL
AI SummaryPartly Allowed

What did the High Court hold?

The High Court admitted the appeal for consideration. A substantial question of law was framed regarding whether the Income Tax Appellate Tribunal was correct in law in holding that the assessee's claim for depreciation could be allowed separately from the income estimated by the Assessing Officer under Section 44AE of the Income Tax Act, 1961. The Court did not provide a decision on the merits of this question in the given excerpt. Instead, it directed that the appeal be tagged along with ITA No. 1542/2006, which pertains to the same assessee and a similar issue for the assessment year 2001-2002. The filing of a paper book was dispensed with.

What were the facts?

This is an appeal by the assessee before the High Court of Delhi for the assessment year 2002-2003, challenging an order passed by the Income Tax Appellate Tribunal (ITAT) on October 5, 2007. The ITAT's order for the current assessment year followed its decision for the assessment year 2001-2002. The assessee's counsel pointed out that the High Court had already admitted an appeal (ITA 1542/2006) concerning the ITAT's order for the assessment year 2001-2002. In light of this, the High Court admitted the present appeal and directed it to be tagged with the earlier appeal.

What were the issues?

1. Whether the Income Tax Appellate Tribunal was correct in law in holding that the claim of the Assessee for depreciation could be allowed separately from the income estimated by the Assessing Officer for the purposes of Section 44AE of the Income Tax Act, 1961? Assessee's Contention: The assessee's counsel argued that the High Court had admitted a similar appeal (ITA 1542/2006) for the assessment year 2001-2002, which dealt with the same issue. The assessee implicitly contends that the ITAT's decision on depreciation in relation to Section 44AE is incorrect. Revenue's Contention: No specific arguments for the revenue are recorded in the provided text.

Which sections of the Income-tax Act were involved?

Section 44AE

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF DELHI AT NEW DELHI . 08.07.2008 . Present: Mr Sanjeev Sabharwal for the Appellant. . + ITA 681/2008 . This is an appeal in respect of the assessment year 2002-2003 against the order passed by the Income Tax Appellate Tribunal on 05.10.2007. The Income Tax Appellate Tribunal followed its order for the same assessee in respect of the assessment year 2001-2002. The learned counsel for the appellant has pointed out that this Court has admitted the appeal in respect of the Tribunal?s order for the assessment year 2001-2002. That appeal has been numbered as ITA 1542/2006. In these circumstances, we admit this appeal. The following substantial question of law is framed for consideration:- . (1) Whether the Income Tax Appellate Tribunal was correct in law in holding that the claim of the Assessee for depreciation could be allowed separately from the income estimated by the Assessing Officer for the purposes of Section 44AE of the Income Tax Act, 1961? . Filing of paper book is dispensed with. This matter be tagged along with ITA No. 1542/2006. . BADAR DURREZ AHMED, J . . . RAJIV SHAKDHER, J July 08, 2008 SR . . 24

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