2013 (2) TMI 855

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gher rate at Rs. 9,42,621/- for the assessment year 2007-08 and at Rs. 78,11,531/- for assessment year 2008-09, respectively. 3. Since common issues are involved in both the cases, therefore, for the sake of convenience, both these cases have been heard and disposed of by this consolidated order together. 4. Brief facts of the case are that the assessee company is doing transportation business. The company is engaged in the transportation of ready mix concrete from plants of L&T, Lafarge etc. located at New Delhi and Nagpur. The ready mix concrete is transported to the nearby places and in around New Delhi and Nagpur. The transportation is done through concrete mixers (Pumps) purchased from Greaves cotton and Schiwing Stetter which ar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mixer. 5. Assessee preferred before the learned CIT(A) for both of the years. Submissions made before the AO were reiterated before the learned CIT(A). Written submissions were also filed before the learned CIT(A), which are incorporated in the order of the learned CIT(A) at pages 4 & 5. Reliance was placed on various case laws i.e. in the case of Shah Construction Co. Ltd. Vs. CIT, reported in 188 ITR 537 (Bom), in the case of Gujco Carriers Vs. CIT, reported in (2002) 256 ITR 50 (Guj.) and in the case of CIT Vs. Galord Construction, reported in 190 Taxman 406 (Ker). After considering the submissions and perusing the material on record, learned CIT(A) found that the concrete mixers is fitted with the truck which cannot be separated from....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ewell rise and compressor is independent machinery installed on truck chassis and it is not used to carry goods. Ultimately it was held that it is just a lorry to carry a special type of material from plant to the site filled with special mechanism but this machinery not much use when used independently as in case of borewell, which is for a specific purpose of drilling borewells. Accordingly, depreciation was allowed at higher rates as claimed by the assessee for both of the years. Now, the department is in appeals here before the Tribunal. 6. Learned DR placed reliance on the order of AO. On the other hand learned counsel of the assessee placed reliance on the order of CIT(A). Further attention of the Bench was drawn at page 32 o....