Ccit Vs. Rama Shanker

.....on trucks used on hire was not applicable for the assessment year 1980-81. income tax act, 1961 s.32 in the allahabad high court r.k. agrawal & prakash krishna, jj. - indian penal code, 1860 [c.a. no. 45/1860]. section 302; [m.c. jain, r.c. deepak & k.k. misra, jj] murder plea as to accused being minor school register and transfer certificate not proved before court according to law held, it has to be ignored and question of age is to be determined on other evidence and circumstances surfacing on record. age determined on the basis of x-ray plates and report prepared by c.m.o., is the correct age of accused. accused was declared to be child on the date of commission of offence of murder. however, considering fact that now accused was around 41 years, he cannot be sent to approved school. accused was directed to pay fine of rs.25,000/- under section 302 i.p.c., amount of fine was directed to be paid as compensation to wife of deceased. mohammad - 4. it is well settled that in the income tax act the law as stands on the first day of the assessment year is applicable unless and until any amendment made in the act notification issued therein is specifically made applicable from an interior date. in this view of the matter, notification dated 24-7-1980 providing for higher depreciation on the truck used on hire was not applicable for the assessment year 1980-81. the tribunal has clearly erred in law in granting depreciation @) 40 per cent on the basis of the said notification.1. the income tax appellate tribunal, allahabad has referred the following questions of law under section 256(1) of the income tax act, 1961, hereinafter referred to as the act, for opinion to this court :'1. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that the assessee is entitled to depreciation on truck @ 40 per cent as against 30 per cent allowed by the income tax officer and upheld by the appellate assistant commissioner.2. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that the notification dated 24-7-1980 is applicable for the assessment year 1980-81, when the relevant previous year expired before the issue of said notification?'2. briefly stated the facts giving rise to the present reference are as follows:the present reference relates to the assessment year 1980-81, the previous year which ended on 31-3-1980. the respondent-assessee claimed depreciation @ 40 per cent on truck used on hire. the income tax officer allowed depreciation @ 30 per cent. the appellate assistant commissioner upheld the order of the income tax officer. feeling aggrieved the respondent-assessee preferred an appeal before the appellate assistant commissioner which had held that the notification dated 24-7-1980 providing higher depreciation @ 40 per cent is applicable in the present case and consequently the respondent-assessee is entitled to depreciation @ 40 per cent.3. we have heard sri a.n. mahajan, learned standing counsel for the revenue. nobody has appeared for the respondent-assessee.4. it is well settled that in the income tax act the law as stands on the first day of the assessment year is applicable unless and until any amendment made in the act notification issued therein is specifically made applicable from an interior date. in this view of the matter, notification dated 24-7-1980 providing for higher depreciation on the truck used on hire was not.....