Dipak Kumar Sen, J. - (1.) In the year of assessment 1963-64, the accounting period being the year ending the 30th June, 1962, the Orissa Minerals Development Co. Ltd., Calcutta, the assessee, claimed development rebate in respect of dumpers owned by it. The ITO disallowed this claim on the ground that the dumpers were road transport vehicles for transporting materials from one site to another.
(2.) On an appeal preferred by the assessee, the AAC accepted the contentions of the assessee and held that dumpers were not road transport vehicles and accordingly allowed the claim for development rebate.
(3.) On a further appeal by the revenue, it was contended before the Tribunal that dumpers should be treated as road transport vehicles. The assessee contended that in the Table under the I.T. Rules, 1962, prescribing rates for depreciation dumpers have been categorised as earth moving machinery and not as road transport vehicles. It was contended further that under a circular issued by the Board of Revenue, tractors and bulldozers, etc., though road transport vehicles, were to be allowed development rebate and the same directive should apply to dumpers.;