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Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE
Per N.S.Saini, AM
This is an appeal filed by the assessee against the order of the
CIT(A)-2, Bhubaneswar dated 31.8.2017 for the assessment year 2012-
2013.
The sole issue involved in this appeal is that the CIT(A) erred in
confirming the depreciation rate @ 15% instead of 30% charged by the
assessee on Tanker is contrary to income tax as rate of depreciation on
motor car running for hire purposes is 30%.
2 ITA No .396/ CTK/ 2017 Asse ssment Year : 20 12- 201 3
In pursuance to order under section 263 of the Act, the Assessing
Officer required the assessee to produce evidence in respect of claiming of
higher rate of depreciation i.e. 30% of the WDV of the tanker. Before the
Assessing Officer, the assessee could not submit any evidence.
Therefore, the Assessing Officer held that the assessee will be entitled to
depreciation @ 15% as against higher rate of depreciation @ 30% and,
therefore, disallowed excess depreciation of Rs.1,52,827/- and added the
same to the income of the assessee.
On appeal, the CIT(A) confirmed the action of the Assessing Officer
as the assessee failed to produce any evidence that the tankers are being
used for transportation of oil from depot to petrol pump.
Before us, ld A.R. could not file any evidence to show that the
tanker was used by the assessee in the business of running them on hire.
Hence, we find no infirmity in the order of the CIT(A), which is hereby
confirmed and ground of appeal of the assessee is dismissed.
In the result, appeal of the assessee is dismissed.
Order pronounced on 17 /05/2018.
Sd/- sd/- (Pavan Kumar Gadale) (N.S Saini) JUDICIALMEMBER ACCOUNTANT MEMBER Cuttack; Dated 17 /05/2018 B.K.Parida, SPS
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Copy of the Order forwarded to : 1. The Appellant : Smt. Sujata Pani, C/O T.P.Satpathy, Golden Street, Kunjakanta, Dhenkanal 2. The Respondent. ITO, Dhenkanal. 3. The CIT(A)-2, Bhubaneswar 4. Pr.CIT-2, Bhubaneswar 5. DR, ITAT, Cuttack BY ORDER, 6. Guard file. //True Copy//
SR.PRIVATE SECRETARY ITAT, Cuttack