Delhi H.C : Allowance of depreciation at the rate of 40 per cent on leased vehicles

High Court Of Delhi

CIT vs. Goodwill India Ltd.

Sections 32(1), 260A

Asst. Year 1995-96

B.C. Patel, C.J. & Badar Durrez Ahmed, J.

IT Appeal No. 492 of 2003

12th January, 2004

Counsel Appeared

R.D. Jolly, for the Petitioner : V.N. Jha, for the Respondent

JUDGMENT

By the court :

CMP 215/2003 Allowed subject to all just exceptions. ITA No. 492/2003 Learned counsel for the Revenue has drawn our attention to (2003) 263 ITR (St) pp. 2 and 3. It is not disputed before us that the decision of this Court in the case of CIT vs. Bansal Credits Ltd. (2003) 179 CTR (Del) 23 : (2003) 259 ITR 69 (Del), which has been referred by the Tribunal, has been indirectly confirmed by the Supreme Court.

This appeal pertains to asst. yr. 1995-96. The question is with regard to allowance of depreciation at the rate of 40 per cent on leased vehicles. The question is no more res integra in view of the decision of this Court reported in CIT vs. Bansal Credits Ltd. (supra) special leave petition against which has been dismissed by the Supreme Court as aforesaid. The assessee was party to those proceedings also.

In view of this, we do not entertain this appeal and the same is dismissed.

[Citation : 268 ITR 480]

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