- (1.) THESE appeals raise common questions in respect of the claim to depreciation for the assessment years 1990 -91, 1991 -92, 1994 -95 and 1995 -96 respectively.
(2.) THE questions that have been raised in Appeal No. 83 of 2001 read as under: Question No. 1 : Whether, on the facts and circumstances of the case, on the findings recorded by the Tribunal, the Tribunal was justified in allowing the deduction on account of depreciation in respect of motor cars manufactured outside India which are acquired by the assessee after February 28, 1975, in view of the second proviso to Section 32(1)(ii) ? Question No. 2 : Whether in view of the findings reached by the Tribunal, the Tribunal was justified in holding that the vehicles in question were used in a business of running them on hire ? Question No. 3 : Whether, on the facts and circumstances of the case, the Tribunal was justified to hold that the assessee was engaged in the business of running the motor cars, manufactured inside India, on hire, so as to the assessee is entitled for higher rate of depreciation on such motor cars ? A common order was passed by the Tribunal for the assessment year 1990 -91 in Income -tax Appeal No. 83 of 2001.
(3.) THE principal order has been passed for the assessment years 1990 -91 and 1991 -92 regarding the aforesaid controversy. Other assessment years 1994 -95 and 1995 -96 have followed the decision rendered for the assessment year 1990 -91 by the Tribunal as noticed above.;