1996 (5) TMI 39

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....e-tax Appellate Tribunal has referred the following question of law arising out of its order dated March 14, 1986, in respect of the assessment year 1983-84 under section 256(1) of the Income-tax Act, 1961 : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled to depreciation at 40 per cent. and not at 30 per cent. on the ....

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....arguments of learned counsel for the parties have been heard. The decision which has been relied upon by learned counsel for the assessee has already been overruled by this court in the case of CIT v. Manjeet Stone Co. [1991] 190 ITR 183. Learned counsel for the assessee has submitted that the Tribunal in respect of the assessment years 1981-82 and 1984-85 has accepted the contention of the assess....

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....t the assessee is entitled to depreciation at 40 per cent. and not 30 per cent. on the trucks and dumpers used by it in its business and also for plying them on hire. Learned counsel for the assessee has also relied upon the decision in the case of CIT v. Champalal [1995] 211 ITR 201 (Raj). It is also stated that the Tribunal in subsequent years has considered the assessee as running on the bus....

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....and circumstances of the case as referred to in the statement of the case. Unless the question has been framed under section 256(1) the court cannot travel beyond what has been stated in the statement of the case. The question which has been referred was decided by the Tribunal on the basis of its decision given in the case of Manjeet Stone Co., against which this court has taken the view that the....