COMMISSIONER OF INCOME TAX Vs. SHESHAPPA HEGDE

JUDGEMENT

(1.) THE question refereed for the opinion of this court under s. 256(1) of the I.T. Act, 1961, at the instance of the Revenue, is as follows :

(2.) THE facts in brief are as follows :

(3.) IN further appeal to the Tribunal by the assessee, the Tribunal held that the order of the AAC enhancing the assessment by Rs. 22,750 under s. 41(2) was not sustainable in law and it cancelled the direction to modity had not been determined under the Acquisition Act during the accounting year and it was, therefore, not open to the ITO to make any assessment under s. 41(2). The Tribunal, however, held that the assessee was entitled to depreciation on the vehicles as they were owned and used for his business for a part of the year.