Income Tax

Mere transporting goods to customers not enough to claim higher depreciation on dumpers

Mere transporting goods to customers not enough to claim higher depreciation unless assessee is in business of transportation or running trucks on hire

ABCAUS Case Law Citation:
ABCAUS 2925 (2019) (05) ITAT

The appeal was filed by the Department (the Revenue) against the order of the Commissioner of Income Tax (Appeals) in deleting the addition made by the Assessing Officer (AO) on account of depreciation and in allowing the depreciation @30% on dumpers which were used for in own business by the assessee.

The assessee was a Private Limited Company engaged in the business of mining and crushing of stones. The case was picked up for scrutiny followed by serving of notices u/s 143(2) and 142(1) of the Income Tax Act, 1961 Act (the Act).

Various details were called for and duly replied by the assessee. The assessee had claimed depreciation @30% applicable for vehicles running on hire but the AO was of the view that the assessee was eligible to only 15% depreciation.

The AO disallowed the excess depreciation along with other additions and assessed the income.

Aggrieved assessee preferred an appeal before the CIT(A) who deleted the disallowance for depreciation rate.

The revenue was in appeal before the Tribunal raising sole issue of deleting disallowance of depreciation by the CIT(A).

It was argued that the assessee was not into the business of transportation and therefore, addition of depreciation claimed on vehicles for running them on hire should not be allowed.

The Tribunal noted that the grievance of the revenue was confined to deletion of disallowance of depreciation claimed by the assessee @ 30% on dumpers/trucks used by the assessee for its own business.

Under the provision of the Act, depreciation @ 30% is allowed on the cost/WDV of motor buses, motor lorries and motor taxies used in a business of running them on hire.

The Tribunal further observed that the CIT(A) allowed the assessee’s claim of 30% depreciation treating the vehicles as having been used for hire and transportation by taking a view that where the goods were transported from one place to another and there may be one person who may take the service of one vehicle for transportation or there may be many, it does not make any difference.

The Tribunal opined that from the finding of the CIT(A) it did not transpire as to whether the assessee who was mainly into the business of quarrying, crushing and sale of stones, earned or received any amount towards freight on transportation charges for providing the services of transporting stone to site of the customers by use of its dumpers.

The Tribunal was of the view that just because the assessee was transporting the excavated stones to the site of the customers, it cannot be presumed that the assessee was into business of transportation or running the dumpers on hire.

The Tribunal opined that the CIT(A) ought to have examined this fact by calling necessary details from the assessee including sales bills or other receipts which could prove that transportation or freight charges were charged by the assessee to its customers for sending the goods to the site of the customer which may prove that business of hiring or transportation was parallely carried by assessee.

Accordingly, the Tribunal set aside the issues to the file of the CIT(A) for afresh adjudication.

Download Full Judgment Click Here >>

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

Whether bank account was fraudulently open in the name of assessee is question of fact

Whether bank account was fraudulently open in the name of assessee is question of fact. High Court declined to entertain…

13 mins ago
  • Concurrent Audit

SBI Concurrent Auditor Empanelment of Chartered Accountant Firms 2024-25. Last date 18.05.2024

SBI Concurrent Auditor Empanelment of Chartered Accountant Firms for FY 2024-25 SBI Concurrent Auditor Empanelment of CA Firms for FY…

2 hours ago
  • Companies Act

Change in the constitution of Appellate Authority for CAs CSs and Cost Accountants

Change in the constitution of Appellate Authority for CAs CSs and Cost Accountants In 2015, the Ministry of Corporate Affairs…

16 hours ago
  • VAT

Trade Tax refund withheld beyond stipulated period & adjusted from demand unjustified – SC

Trade Tax Department was unjustified in retaining refund beyond stipulated period and adjusting it against default notices issued subsequently. In…

16 hours ago
  • Income Tax

Notice issued u/s 143(2) prior to filing of return of income assessee is invalid

Notice issued u/s 143(2) prior to filing of return of income by the assessee was invalid. Before filing ITR provisions…

2 days ago
  • Income Tax

Order u/s 148A(d) passed against non-existent entity is bad in eyes of law – High Court

Order u/s 148A(d) passed against non-existent entity is bad in eyes of law. Mere activation of PAN not give right…

2 days ago