The Tax Publishers2020 TaxPub(DT) 5534 (Guj-HC)

INCOME TAX ACT, 1961

Section 32

AO granted depreciation on dumpers at the rate of 15%, however, CIT(A) deleted the addition made on account of excess depreciation and Tribunal had affirmed the order passed by CIT(A), therefore, question of law as proposed cannot be termed as substantial question of law.

Depreciation - Depreciation on dumpers @30% or 15% - Allowability -

Issue arose for consideration as to whether Appellate Tribunal had erred in law and on facts in confirming the decision of CIT(A) granting higher rate of depreciation @30% on dumpers as against depreciation @ 15% allowed by AO. Held: Present appeal was taken into consideration by a Coordinate Bench of this Court in Durga Construction Company [Tax Appeal No. 414 of 2018 : 2018 TaxPub(DT) 2718 (Guj-HC)]. It appeared that AO granted depreciation on the dumpers at rate of 15%. CIT(A) deleted the addition made on account of excess depreciation. Appellate Tribunal had affirmed the order passed by CIT(A). The question of law as proposed cannot be termed as substantial question of law.

Followed:Pr. CIT v. Durga Construction [Company Tax Appeal No. 414 of 2018] : 2018 TaxPub(DT) 2718 (Guj-HC) and Dy. CIT v. H.D. Enterprise [110/Rjt/2016, 205/Rjt/2016, 237/Rjt/2016, dt. 28-2-2020].

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2011-12



IN THE GUJARAT HIGH COURT

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