Assessee claimed that earth moving vehicles fell under Entry 111(3)(ii) of Part A of Appendix I of Income-tax Rules, 1962 and as such entitled to depreciation at 30 per cent as allowable in case of motor lorries, since they were used in absence of running them on hire. Assessing Officer allowed said claim.  Commissioner by invoking power under section 263 restricted depreciation at 15 per cent.  On appeal, Tribunal held that Assessing Officer had correctly allowed claim of depreciation by applying rate of 30 per cent. On appeal by Revenue High Court affirmed the order of the Tribunal. (AY. 2005-06)