Shri B.R Baskaran, A.M:— In these appeals preferred by the assessee, the solitary issue urged relates to the disallowance of claim of depreciation on Deep Sea fishing Vessels made by the Assessing Officer and was confirmed by the learned CIT(A). These appeals relate to the assessment years 2003-2004 and 2005-2006.
2. It was brought to our notice that the issue of allowing depreciation on the very same Deep sea fishing vessels was considered by this Bench of Tribunal in the assessee's own case, vide its order dated 4th February, 2011 in ITA No. 297.Vizag/2009 relating to the assessment year 2004-2005. In the said order, the Tribunal dismissed the appeal of the assessee by confirming the disallowance of depreciation on the deep sea fishing vessel cited above. We notice from the order of the learned CIT(A) that the first appellate authority has followed the said order of the Tribunal while deciding the impugned issue against the assessee.
3. During the course of hearing, the learned Authorised Representative, however, sought to raise few new points with a request to reconsider the decision already rendered in the assessee's own case for the assessment year 2004-2005. In this regard, he took support of decision dated 19-7-2010 passed by this Bench in the case of Balaji Sea Foods (P.) Ltd., in ITA No. 52.Vizag/2009. However, on a careful perusal of the order dated 4th February, 2011 passed by this Bench in the assessee's own case referred (Supra), we notice that the Tribunal has considered the decision rendered in the case of Balaji Sea Foods (P.) Ltd. and distinguished the facts. Hence we do not find any reason to accept the request made by the learned Authorised Representative.
4. Since the learned CIT(A) has followed the order of the Tribunal on the instant issue, we do not find any reason to interfere with his order.
5. In the result, both the appeals of the assessee are dismissed.