2020 (4) TMI 609

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....a, Addl CIT ORDER PER SANJAY GARG, JUDICIAL MEMBER: The present appeal has been preferred by the assessee against the order dated 24.04.2019 of the Commissioner of Income Tax (Appeals)- 1, Chandigarh [hereinafter referred to as 'CIT (A)']. 2. The assessee in this appeal has taken following grounds of appeal:- 1. The Ld. Assessing Officer's & Worthy CIT (A) order are contra....

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....nst the assessee. 3. The Ld A.O with the change of opinion on the rate of depreciation on after the original assessment has been framed under section 143(3) also not warranted thus the assessment order passed stand void ab initio. 4. Initiation of penalty under section 271(1)(c) is also not warranted due to the fact that nothing has been concealed and the additions was only due/t....

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....ion @ 15% on the Concrete Pump and Boot Pump in earlier years also. That this year the assessee had wrongly claimed the depreciation @ 40% as against allowable rate of 15%. However, the claim of the assessee has been that the Concrete Pump was fixed on the commercial vehicle and was part and parcel of the vehicle, hence, the assessee had claimed depreciation @ 40%, as is allowable on commercial ve....

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....f the Ld. Authorised Representatives of both the parties and have also gone through the record. We are of the view that the Concrete Pump etc. have been fitted by the assessee as per his own convenience but the same cannot be said to be a part of the commercial vehicle, whereas, the 'Chassis' fitted on the vehicle is a part and parcel of the vehicle. In view of the above, the claim of the assessee....