LAWS(BOM)-1967-9-27

ALLIED PUBLISHERS PVT LIMITED Vs. COMMISSIONER OF INCOME TAX

Decided On September 15, 1967
ALLIED PUBLISHERS PRIVATE LTD. Appellant
V/S
COMMISSIONER OF INCOME-TAX BOMBAY CITY I Respondents

JUDGEMENT

(1.) THE question referred under section 66(1) of the Indian Income-tax Act for our decision in the present case is as follows :

(2.) THE facts upon which this question arises are as follows : We are concerned here with the assessment year 1959-60. THE assessee is engaged in the publishing trade and for its purposes owned three cars as one of its business assets. THEse cars, however, were also being used partially for the personal use of the directors of the company. THEre is no dispute that for this personal use the proportionate user for non-business purposes which has been computed at one-third, is correct. In the past years the proportionate depreciation computed for the part user for business was as follows : <FRM>JUDGEMENT_546_ITR68_1968Html1.htm</FRM>

(3.) IN the result the Appellate Assistant Commissioner ordered the INcome-tax Officer to revert to the old method of computing the written down value which he had followed in the prior years.