V.K. Gupta, Accountant Member. - These two appeals filed by the assessee involve common issue, hence, these were heard together and are being disposed off through this consolidated order for the sake of convenience.

2. We have heard both the sides and have also perused the material on record.

3. First we shall take up assessee’s appeal in ITA No. 4059/M/04 which is directed against the order of the ld. CIT(A), Thane dated 15-3-2004 and it pertains to the assessment year 1999-2000.

4. In this appeal ground Nos. 1 to 3 are in respect of rate of depreciation for the use of car whereas ground No. 4 is regarding the validity of reopening of assessment under section 147 of the Act. Since no arguments were made in respect of ground No. 1, it is presumed to be not pressed. Hence same is dismissed as not pressed.

5. The facts in brief are that the assessee purchased a motor car between the period from 1-10-1998 to 31-3-1999. This car was used by the assessee for his business of civil construction. The assessee claimed the depreciation on the same at the rate of 40 per cent which was allowed under section 143(1)(a). The Assessing Officer sought to rectify the same under section 154, however