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During the assessment proceedings the detailed submissions filed by the assessee have been duly perused and it was noticed that assessee has charged depreciation @ 30% p.a. amounting to Rs.34,19,477/- and Rs.4,95,796/-respectively on commercial video vans and commercial vans body instead of 15% as prescribed by the Income Tax Rules, 1962. The AR of the assessee was specifically asked about the samevidenote sheet entry, dated 06/11/2015. In compliance thereto the assessee has filed a reply, which is being reproduced as under Assessing Officer did not accept the assessee's justification for higher rate of depreciation at the rate of 30% and restricted the depreciation to 15% Respectfully following the aforesaid decision of Hon'ble Apex Court in the case ofGupta Global Exim P. Ltd.(supra), and in view of the undisputed fact that the assessee is not in the business of running the vehicles on hire the appeal of the assessee stands dismissed.

Shanti Prime Publication Pvt. Ltd.

Section 32 of the Income-tax Act, 1961 — Depreciation — Merely because the invoices raised by the assessee include, inter alia, charges for running of vehicles, does not mean that the assessee is in the business of running the vehicles on hire, the fact remains that the vehicles are used by the assessee in the assessee's business of rural marketing, promotions, roadshows, display advertising etc. and that the assessee is not in the business of running the vehicles on hire and not eligible for higher rate of depreciation — Rural Communication & Marketing (P.) Ltd. vs. Dy. CIT [2020] 180 ITD 672 (DEL)

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