2014 (2) TMI 1396

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.... Menon Sri.P.Benny Thomas Sri.K.John Mathai, By Adv. Respondent: Sri.P.K.R.Menon,Sr.Counsel, Goi(Taxes) Sri.Jose Joseph, Sc, Income Tax, By Adv. JUDGMENT Thottathil B.Radhakrishnan, J. 1. These appeals arise from the dismissal of statutory appeals by the Income Tax Appellate Tribunal on ground of delay after holding that the cause shown for condonation of delay in both those appeals are not sa....

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....orporation Limited are transactions under which the appellant could be treated as providing vehicles for hire (tanker lorries to carry materials) or whether the appellant was employing herself as a carrier. This distinction may be relevant to make the choice as to the rate of depreciation that has to be applied in terms of the Income Tax Rules. We clarify that we are not expressing finally on that....

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....hearing the learned counsel for the parties on that particular issue of law, we are satisfied that the said question is a substantial question of law, and, has to be answered in favour of the appellant. In the result, these appeals are allowed and the impugned orders are set aside on condition that the appellant pays the Department an amount of Rs. 10,000/- (Rupees ten thousand only) as costs in ....