Asst. Commissioner of Income tax Cir. 2, Belgaum V. M/s. Popular Constructions, Belgaum

ITA 268/PAN/2013

• Counselvise Citation: 26824114 RSA 2013
• Duration Of Justice: 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 25-03-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 23-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SONAL L SONKAVDE LD
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI P.K. BANSAL, HONBLE ACCOUNTANT MEMBER AND SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER ITA NO. 268/PNJ/2013 : (ASST. YEAR : 2006 - 07) ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 2, BELGAUM (APPELLANT) VS. M/S. POPULAR CONSTRUCTIONS, CONGRESS ROAD, TILAKWADI, BELGAUM (RESPONDENT) PAN : AAEFP5345B ASSESSEE BY : WRITTEN SUBMISSION REVENUE BY : SMT. SONAL L. SONKAVDE, LD. DR DATE OF HEARING : 25 /03/2014 DATE OF PRONOUNCEMENT : 28 /03/2014 O R D E R PER P.K. BANSAL 1. THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A), BELGAUM DT. 12.7.2013 FOR A.Y. 2006 - 07. 2. THE ONLY ISSUE INVOL VED IN THIS APPEAL FILED BY THE REVENUE RELATES TO ALLOWING OF HIGHER DEPRECIATION ON L&T EXCAVATOR TREATING IT AS A COMMERCIAL VEHICLE. NONE APPEARED ON BEHALF OF THE ASSESSEE. WE DECIDED THE ISSUE AFTER HEARING THE LD. DR. 3. WE NOTED THAT THE ISSUE INVOLVED HAS BEEN DECIDED BY THE CIT(A) BY OBSERVING AS UNDER : 4. I HAVE CAREFULLY CONSIDERED THE FACTS OF THE CASE, SUBMISSIONS MADE BY THE ASSESSEE AND ALSO PERUSED THE ASSESSMENT ORDER, APPELLATE ORDER AND ALSO THE ORDER OF THE HON'BLE ITAT. THE HON'BLE ITAT HAS SET ASIDE TO THE FILE OF CIT(A) THE LIMITED ISSUE OF GIVING EXACT FINDING AS TO WHETHER THE L&T EXCAVATOR IS REGISTERED AS A 2 ITA NO. 268/PNJ/2013 (ASST. YEAR : 2006 - 07) COMMERCIAL VEHICLE OR NOT. THE APPELLANT IN ITS SUBMISSION HAS CATEGORICALLY STATED IN THIS CONTEXT AS FOLLOWS FURTHER THEY HAVE BEEN CATEGORIZED AS CONSTRUCTION EQUIPMENT VEHICLES AS PER 2CA OF CENTRAL MOTOR VEHICLES ACT 1988. EXCAVATORS BEING TRAWLER MOUNTED CANNOT PLY ON PUBLIC ROADS, THEY ARE BASICALLY OFF ROAD VEHICLES HENCE DO NOT REQUIRE RTO REGISTRATION . AS PER MOTOR VEHICLE ACT VEHICLES FITTED WITH PNEUMATIC OR RIGID TYRES CAPABLE TO PLY ON ROADS REQUIRE REGISTRATION. THEREFORE, THE QUESTION OF REGISTRATION OF EXCAVATOR WITH MOTOR VEHICLE REGISTRATION AUTHORITY DOES NOT ARISE. 4.1 THEREFORE, THE EXA CT FINDING ON THE ISSUE IS ANSWERED IN NEGATIVE THAT THE L&T EXCAVATOR IS NOT REGISTERED AS COMMERCIAL VEHICLE. 4. THE LD. DR EVEN THOUGH RELIED ON THE ORDER OF THE AO, BUT COULD NOT CONVINCE US OR ADDUCE ANY EVIDENCE WHICH MAY COMPEL US TO TAKE A DIFFER ENT VIEW. WE, THEREFORE, CONFIRM THE ORDER OF CIT(A). 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON 2 8 /03/2014. S D / - (D.T.GARASIA) JUDICIAL MEMBER S D / - (P.K. BANSAL) ACCOUNTANT MEMBER PLACE : PANAJI / GOA DATED : 2 8 /03/ 201 4 *SSL* COPY TO : (1) APPELLANT (2) RESPONDENT (3) CIT CONCERNED (4) CIT(A) CONCERNED (5) D.R (6) GUARD FILE TRUE COPY, BY ORDER