Pr. Commissioner Of Income Tax -7, Delhi v. Quippo Oil & Gas Infra Ltd.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 720/2019 PR. COMMISSIONER OF INCOME TAX -7, DELHI ..... Appellant Through:

Mr.Raghvendra Kishore Singh, Senior Standing Counsel for the Revenue.

versus QUIPPO OIL & GAS INFRA LTD.

..... Respondent Through:

Ms.Kavita Jha and Mr.Anant Mann, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 05.08.2019

1. This is an appeal against an order dated 18th December, 2018 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.5709/Del/2014 for the Assessment Year (AY) 2007-08.

2. The issue sought to be urged by the Revenue is whether the Assessee could be equated with mineral oil concerns and could be allowed depreciation at a higher rate i.e. 60%? It may be noted that the Assessee here is supplying equipment on hire to other mineral oil concerns.

3. The Court is informed that this issue has already been decided against the Revenue by this Court in Commissioner of Income Tax v. HLS India Limited (now HLS Asia Limited) 2011 355 ITR 292 (Del). The said decision was affirmed by the Supreme Court by the dismissal of the Revenue's SLP (C) 2723/2012 by order dated 6th February, 2012.

4. No substantial question arises. The appeal is dismissed. S. MURALIDHAR, J.

TALWANT SINGH, J.

AUGUST 05, 2019 mr