The Hon'ble High Court upheld the Visakhapatnam Bench of the ITAT, dismissing the appeal. The Court found that the Tribunal was correct in accepting that the Tippers were put to use for more than 180 days in the assessment year.
The appeal was dismissed. No order as to costs.
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HON’BLE SRI JUSTICE L. NARASIMHA REDDY
AND
HON’BLE SRI JUSTICE CHALLA KODANDA RAM
I.T.T.A No.73 of 2004
JUDGMENT:- (Per Hon’ble Sri Justice L.Narasimha Reddy)
The respondent purchased six Tippers in the year 1993, which become relevant for the assessment year 1994-95. Under Section 32 of the Income Tax Act, the assessee would qualify for 100% depreciation on the value of the Tippers if they have been put to use for more than 180 days. The Assessing Officer did not allow the claim and ultimately, the matter landed before the Visakhapatnam Bench of the Income Tax Appellate Tribunal in I.T.A.No.174/Vizag/98. Through its order, dated 25.08.2003, the Tribunal took the view that the Tippers became roadworthy on 29.09.1993 and they were put to use far exceeding 180 days in the relevant assessment year. Hence, this appeal.
Heard Sri S.R.Ashok, learned Senior Standing Counsel for the appellant and Sri A.V.Krishna Kaundinya, learned counsel for the respondent.
It is not in dispute that the assessee would be entitled to claim 100% depreciation on the cost of the Tippers if they are put to use for a period exceeding 180 days in the relevant assessment year. Though the Assessing Officer expressed doubt, the Tribunal on verification of the record, found that the vehicles were put to
use for more than 180 days. Firstly, it is a pure question of fact and secondly, the Department is not able to demonstrate as to how the finding of the Tribunal is not correct.
Therefore, the appeal is dismissed. There shall be no order as to costs.
Miscellaneous petitions, if any, filed in this appeal shall also stand disposed of.
L. NARASIMHA REDDY, J
________________________ CHALLA KODANDA RAM, J
Date:03.12.2014 kdl
1 issue framed by the court
Whether the assessee is eligible for 100% depreciation under Section 32 of the Income Tax Act since the Tippers were put to use for more than 180 days in the relevant assessment year.
1 provisions across 1 enactments
Assessee
Respondent
L. NARASIMHA REDDY
CHALLA KODANDA RAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
