Commissioner of Income Tax vs O.P. Agro Borewell Service

V.S. Sirpurkar, J.

The question referred to us at the instance of the department is as under :

"Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the assessee is entitled for depreciation at the special rate of 30 per cent in respect of rigs and compressors used for digging borewells ?"

The Tribunal had held that the assessee is so entitled and had allowed the depreciation at 30 per cent for the rigs and compressors. This question is directly covered by the judgment in the case of Commissioner of Income Tax Vs. Popular Borewell Service and others, , where a Division Bench of this court has specifically held that the rigs and compressors, they being not part of the lorry, are not entitled for the depreciation at 30 per cent.

Finding that the assessee was absent, we had directed the publication of notice as he was not found at his regular address. Notice was published on 18-7-2002. The matter was fixed today. However, when the matter was called today, the assessee is absent. We, therefore, proceed ex parte.

In view of the aforementioned judgment, we hold the question against the assessee and in favour of the revenue. No costs.