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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI C.M. GARG & SHRI O.P. MEENA
आदेश /O R D E R
PER SHRI C.M. GARG, JM
This appeal has been filed by the revenue against the order of
the learned CIT(A), Ujjain, dated 21.12.2016 in First Appeal No. U-
241/2010-11 for the assessment year 2005-06.
ACIT vs. Manoharlal Khatri ITA No. 203/Ind/2017 2. The only issue involved in this appeal is that the
Commissioner of Income Tax (Appeals) was not justified in deleting
the addition of Rs.70,315/- on account of depreciation ignoring the
fact that allowable depreciation on dumper, loader and power
machine etc as per the fact of the case was @ 25% as against claim
of 40%.
Briefly stated, the assessment of the assessee was completed
u/s 143(3) of the Act at an income of Rs.7,14,489/- and
agricultural income of Rs. 30,000/-. Thereafter on finding that the
assessee has claimed higher rate of depreciation by showing them
being utilised for hire business for rental income whereas on
perusal of the details it was observed by the Assessing Officer that
the assessee has utilised these machines for his business, only JCB
machine was given on rent against which an income of Rs.
5,58,162/- has been shown. The Assessing Officer was, therefore, of
the view only JCB machine can be treated as commercial vehicle on
which depreciation @ 40% is allowable. He further found that the
assessee has made wrong claim of depreciation % 40% on dumper,
loader and power machine instead of 25%. In response to the
notice, the assessee submitted that these machines have been used 2
ACIT vs. Manoharlal Khatri ITA No. 203/Ind/2017 in the business of the assessee and had also been hired to outsiders
during the idle time. However, the Assessing Officer did not accept
the submission of the assessee and restricted the depreciation to
25% on these machines. On appeal, the Commissioner of Income
Tax (Appeals) allowed the claim of the assessee against which the
revenue is in appeal before us.
Before us, the learned DR while opposing the appellate order
has strongly supported the assessment order.
On the other hand, the learned counsel for the assessee
submitted that since the copy of rent account with full details of
rent received by cheque on hiring of the said machines has been
filed before the Assessing Officer and the Commissioner of Income
Tax (Appeals) and the books of accounts are duly audited, the
Commissioner of Income Tax (Appeals) was fully justified in
allowing the claim of the assessee.
We have considered the submissions of both the sides. From a
perusal of material available on the record of the Tribunal as also
the written submissions of the assessee, it becomes crystal clear
that the copy of rent account with full details of rent received by
cheque on hiring of the said assets has been filed before the 3
ACIT vs. Manoharlal Khatri ITA No. 203/Ind/2017 authorities below by the assessee in respect of dumper, loader,
paver machine, etc. and as such the Commissioner of Income Tax
(Appeals) has rightly allowed the claim of depreciation of the
assessee. We, therefore, confirm the order of the Commissioner of
Income Tax (Appeals) and dismiss this appeal of the revenue.
In the result, the revenue’s appeal is dismissed.
The order has been pronounced in open Court on 05th May,
2017.
Sd/- sd/- लेखा सद�य �या�यक सद�य (O.P.Meena) (C.M. Garg) Accountant Member Judicial Member
May 5 , 2017.
Dn/