BRAJ MINING CORPORATION PVT. LTD.,KEONJHAR vs. PRINCIPAL CIT, CUTTACK
In the result, the appeal filed by the assessee is allowed for statistical
ITA 177/CTK/2016[2011-12]Status: DisposedITAT Cuttack28 Jul 2017AY 2011-12
Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year :2011-12
For Appellant: Shri S.K.Agarwalla, ARFor Respondent: Shri Kunal Singh, CIT DR
Section 263
…d its own trucks in its own business and not used the trucks in the business of running them on hire for which it is entitled to get depreciation @ 15%. He relied on the decision of Hon’ble Rajasthan High Court in the case of CIT vs. Manjeet Stone Co.(1991) 190 ITR 183 (Raj), wherein, it was held that even if the trucks are used partly in assessee’s own business and occasionally been let out on hire, the depreciation is restricted to 15%. Therefore, he held that excess depreciation which works out to Rs.55,92,992/- has not been properly examined by the Assessing Officer at the time of regular assessment and…