Depreciation on truck use depends on proof of actual plying and income; matter remanded for fresh examination.

Depreciation on a truck turned on whether the asset had actually been used during the previous year and whether income had been earned from it. The available material did not conclusively establish actual plying, and the documents said to support use of the truck were not on record. The matter was therefore restored for fresh consideration so that evidence of income from the truck could be examined. It was noted that if the truck had in fact plied during the year and income had been derived from it, depreciation would be admissible. The order allowing depreciation was set aside and the issue remanded for disposal in accordance with law.

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Issues: Whether depreciation was allowable on a truck claimed to have been registered during the year but alleged not to have been used, and whether the matter required reconsideration on evidence of actual plying and income.

Analysis: The available material did not conclusively establish that the truck had earned income during the previous year. Since the documents said to support actual plying were not on record, the proper course was to restore the matter for rehearing so that evidence relating to income from the truck could be examined. It was observed that if the truck had in fact plied during the previous year and income had been derived from it, depreciation would be admissible.

Outcome: The order allowing depreciation was set aside and the matter was sent back for fresh consideration and disposal in accordance with law.

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