The Commissioner Of Income Tax-1, Mumbai v. Clariant (India) Ltd

bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1830 OF 2011 The Commissioner of Income Tax-1, Mumbai … Appellant v/s Clariant (India) Ltd. … Respondent Mr.Suresh Kumar for the appellant. Mr.Sanjiv M. Shah for the respondent. CORAM: S.C. DHARMADHIKARI & G.S. KULKARNI, JJ. DATED : 22ND APRIL, 2014 P. C. : 1Having considered the submissions of Mr.Suresh Kumar on the only question of law, namely, the assessee's claim for depreciation at higher rate on motor vehicles purchased during the financial year 1998-1999 and 2000-2001, we find that the point is covered in favour of the assessee and against the revenue. The order in Income Tax Appeal No.1206 of 2010, dated 29[th] August, 2011 has been brought to our notice by Mr.Shah appearing on behalf of the respondent. Having carefully perused that order in the light of the questions that were framed, we are of the opinion that the Income Tax Appellate Tribunal committed no error in upholding the contention of the assessee. We find that the Tribunal as also this Court having repeatedly taken a view that such matters cannot be decided on narrow touch stone and as is to be found in the order of the Assessing Officer. In these circumstances, the sole question now raised before us cannot be said to be a substantial question of law. The Tribunal's finding of fact at paragraph 19 of the order under challenge do not suffer from any error of law apparent on the face of the record or perversity. The appeal is, therefore, dismissed. (G.S. KULKARNI, J.) (S.C.DHARMADHIKARI, J.)