SYED SHAH MOHAMMED QUADRI J.

( 1 ) IN these reference cases, under section 256 (1) of the Income-tax Act, 1961, at the instance of the Revenue, the following question is referred to this court for opinion : "whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law holding that the assessee is entitled to depreciation on motor trucks ?"

( 2 ) THE assessee in all these cases is the same. The question arises in respect of different assessment years. R. C. No. 13 of 1988 relates to the assessment year 1979-80; R. C. No. 22 of 1988 pertains to the assessment years 1977-78 and 1978-79 and R. C. No. 101 of 1988 arises from out of assessment proceedings for the assessment years 1980-81 and 1981-82. The assessee, a public limited company, purchased trucks. The depreciation allowance, which is the subject-matter of these references, was claimed by the assessee for the above said assessment years. Various amounts were claimed for those assessment years. After purchasing the trucks, the assessee entered into agreements with contractors. The germane terms and conditions of the agreement show that the assessee delivered the trucks to the contractors for o

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