ESTHURI ASWATHIAH Vs. COMMISSIONER OF INCOME TAX MYSORE

JUDGEMENT

(1.) By these applications the assessee requires the Appellate Tribunal to refer three questions of law which are said to arise out of the Tribunal's order in I.T.A. Nos. 7606 and 7607 of 1961-62 dated May 31, 1962 (Jaishta 10, 1884) to the High Court of Mysore at Bangalore. Inasmuch as, in our opinion, questions of law do arise out of the Tribunal's order, we accordingly state an agreed case and refer it to the High Court. As one of the questions is common to both these references a consolidated statement of the case is hereby drawn.

(2.) The assessee is a Hindu undivided family. It carried on various business, among them was the business of the plying lorries for hire.

(3.) One of the lorries MYS 5424X was purchased new during the accounting year relevant for the assessee year 1952-53 for a sum of Rs. 23,769. In that accounting year it ran for 4 1/2 months. The depreciations allowed in regard to this lorry from 1952-53 are as under : <FRM>JUDGEMENT_37_TLKAR0_1963Html1.htm</FRM>