Rp/829/2009 Of Ms.nidhish Trading Company v. Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 RP.No. 829 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDEROF THIS COURT IN ITA.1/2006 .................... REVIEW PETITIONER(S): APPELLANT/RESPONDENT/ASSESEE -------------------------------------------------- M/S. NIDHISH TRADING CO., CALICUT. BY ADV. SRI.P.RAGHUNATH SRI.PREMJIT NAGENDRAN RESPONDENT(S): APPELLANT ------------------------ TH COMMISSIONR OF INCOME TAX, CALICUT. BY SC. SRI. JOSE JOSEPH THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 10/09/2009, ALONG WITH RP 830/2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K. MOHANAN, JJ. -------------------------------------------- R.P. No.829/2009 in ITA 1/2006 &R.P. No. 830/2009 in ITA 2/2006 -------------------------------------------- Dated this the 10th day of September, 2009 O R D E R Ramachandran Nair, J. Review Petitioner has filed these Review Petitions formodification of the judgment pertaining to confirmation ofdisallowance of higher rate of depreciation claimed on lorries. Wehave heard counsel appearing for the review petitioner. We do not findany ground to interfere with the judgment in review because this Courtconfirmed the order of the Tribunal declining to grant higher rate ofdepreciation because there was no proof of giving the lorries on hire.On the other hand, the assessee was engaged in transport of goods forGrasim Industries Ltd. which has not hired any lorry as such.Consequently Review Petitions are dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge.