2021 (7) TMI 369

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....e, Member (J) 1. This appeal is filed by the assessee against order dated 17/08/2017 passed by CIT(A)-20, New Delhi for assessment year 2014-15. 2. The grounds of appeal are as under:- 1. "On the facts and in the circumstances of the case Ld. CIT(A) has erred in confirming an addition of Rs. 8,02,313/- i.e. depreciation @ 15% on JCB, Trucks as against of 30% claimed by the assessee ....

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.... the Assessing Officer assess the total income at Rs. 97,58,380/-. 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The Ld. AR submitted that the CIT(A) erred in confirming addition of Rs. 8,02,313/- i.e. depreciation at 15% on JCB, trucks as against of 30% claimed by the assessee as per 3rd proviso t....

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....es not run the business of vehicles on hire. The assessee is undisputedly engaged in business of sub-contractor and does not run them on hire. The CIT(A) also confirmed the same. After perusal of 3rd proviso to Section 32(1)(ii) of the Income Tax Act, 1961, it can be seen that the said Section is not applicable in the present case of the assessee as the assessee is not running business of hiring o....