ACIT CIRCLE 3 THANE, THANE vs. SAMARTH LIFTERS PVT LTD, THANE

ITA 2063/MUM/2024Status: DisposedITAT Mumbai22 July 2024AY 2017-18Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI OMKARESHWAR CHIDARA (Accountant Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal, considering judicial consistency and previous decisions of co-ordinate benches and the Bombay High Court, found that the issue is no longer res integra. The Revenue's arguments for distinguishing the present case were not substantiated.

What were the facts?

The Revenue's appeals challenge the lower authorities' findings which allowed the assessee's claim for higher depreciation at 30% on crawler cranes, treating them as plant and machinery eligible for this rate. The Revenue argued that crawler cranes are not eligible for 30% depreciation and should be considered for a lower rate.

What were the issues?

Whether crawler cranes used by the assessee are eligible for higher depreciation at 30% as plant and machinery, or should be assessed at the lower rate of 15%.

Which sections of the Income-tax Act were involved?

Section 250

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Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI

Before: SHRI SATBEER SINGH GODARA & SHRI OMKARESHWAR CHIDARA

For Appellant: Shri Subodh Ratnaparkhi, C.A
For Respondent: Shri Manish Ajudiya, Sr. AR

Per : Satbeer Singh Godara, Judicial Member:

These Revenue’s twin appeals ITA No.2062 & 2063/M/2024, for assessment years 2009-10 & 2017-18 arise against the National

Faceless Appeal Centre(NFAC) Delhi’s as many DIN & order No.ITBA/

NFAC/S/250/2023-24/1060291957(1) & No.ITBA/NFAC/S/250/2023-

24/1060291988(1) even dated 30.01.2024, in proceedings under section 250 of the Income Tax Act, 1961 (in short ‘the Act’).

2.

Heard both the parties at length. Case files perused. M/s. Samarth Lifte

The order continues below.

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