Bombay High Court
Commissioner Of Income Tax vs G.N. Agrawal (Individual) on 25 August, 1993
Equivalent citations: [1996]217ITR250(BOM)
JUDGMENT D.R. Dhanuka, J.
1. By this reference under s. 256(1) of the IT Act, 1961, the Tribunal has referred the following question of law to this Court for our opinion at the instance of the Revenue :
"Whether, on the facts and in the circumstances of the case, the assessee is entitled to deduction for depreciation on the written down value of the trucks which were under repair throughout the relevant accounting years but were used for the purpose of the business earlier and later ?"
2. We have heard learned counsel for both the parties. The following facts clearly emerge from the record :
(i) The trucks in question were used by the assessee for the purpose of his business.
(ii) The said trucks were used for the business of the assessee during the relevant years as well as earlier and later years.
(iii) During the relevant assessment years, some of these trucks were under repair. The only controversy that is raised by the above question is as to whether the trucks can be said to have been not used for the business of the assessee merely by reason of the same being under repair. We do not think that much discussion is required to answer the question. The answer is self-evident. In our opinion, the vehicles continued to be in use for the business of the assessee even though the same were under repair.
3. In this view of the matter, the question referred to us is answered in the affirmative, i.e., in favour of the assessee and against the Revenue.
4. No order as to costs.