ITA No.19 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.19 of 2010 Date of decision:27.04.2010 The Commissioner of Income Tax-III, Ludhiana ...Appellant Versus Sh.Parveen Tayal ...Respondent CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vivek Sethi, Advocate for the appellant. Ms.Radhika Suri, Advocate, for the respondent. 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. The instant petition filed by the Revenue under Section 260-A of the Income-tax Act, 1961 (for brevity `the Act') is directed against the order dated 24.6.2009 passed by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for brevity `the Tribunal') while disposing of ITSS No. 11/CHD/2009. According to order dated 13.5.2005, the actual depreciation can be allowed as per the provisions of Section 158 of the Act against undisclosed income. On the basis of the aforesaid reasoning, the Tribunal in its earlier order has issued directions to the Assessing Officer for computing depreciation on account of value of truck and determine taxable ITA No.19 of 2010 2 income after allowing depreciation against undisclosed income. The aforesaid order has been accepted by the Revenue and has attained finality. Even on merit, no law could be cited that depreciation even in respect of trucks taken on hire-purchase was not available. We find there is no question of law much less a substantive question of law under Section 260 A of the Act for determination of this Court. The principle of consistency obviously would be attracted. There is, thus, no merit in the appeal and the same is hereby dismissed. (M.M.KUMAR) JUDGE 27.04.2010 (JITENDRA CHAUHAN) mk JUDGE