2004 (1) TMI 10 - HC - Income Tax

Higher rate of depreciation on the vehicles given on lease - taxability of interest on zero coupon bonds as it was shown in the books of accounts of the assessee - whether retrenchment compensation paid to workmen would be admissible as business expenditure - Tribunal has examined the matter in detail and pointed out on facts that interest has not accrued and in any event tax will have to be paid by the assessee on the maturity of the bond Tribunal has given reasons and it decided on the facts and therefore no question of law would arise further it would not be possible to say that the Tribunal has committed any error in so far as the allowance of retrenchment compensation as a business expenditure is concerned. - Tribunal in the instant case has rendered the decision on the facts. Whether the vehicles were given on hire or on lease is a question of fact. Again whether the vehicles given on lease were in turn being used for the business of hire is a question of fact. The Tribunal on the facts has rendered the decision and held that the assessee was entitled to depreciation at the higher rate. Therefore no question of law arises for our consideration. Revenue s appeal dismissed

Summary

Issues:
1. Claim of higher rate of depreciation on vehicles given on lease
2. Taxability of interest on zero coupon bonds
3. Admissibility of retrenchment compensation as business expenditure under the Income-tax Act

Analysis:

1. Claim of Higher Rate of Depreciation on Vehicles Given on Lease:
The court examined whether the vehicles given on lease were used for the business of running them on hire. Various decisions from different High Courts were considered, along with the Tribunal's findings. It was established that the Tribunal had made a decision based on facts, determining that the assessee was entitled to depreciation at the higher rate. The court concluded that since the Tribunal had already decided the matter on facts, there was no question of law for further consideration. The appeal on this issue was dismissed.

2. Taxability of Interest on Zero Coupon Bonds:
The Tribunal had analyzed the issue of interest on zero coupon bonds in detail and concluded that the interest had not accrued. Moreover, it was noted that tax would be payable by the assessee upon the maturity of the bond. The Tribunal also highlighted that these bonds were saleable in the market, indicating the flexibility to dispose of them at any time. As the Tribunal had provided reasons and decided based on facts, the court determined that no question of law arose in this regard. Therefore, the appeal on the taxability of interest on zero coupon bonds was also dismissed.

3. Admissibility of Retrenchment Compensation as Business Expenditure:
Regarding the retrenchment compensation paid to workmen, the court considered the common books of accounts maintained by the assessee for running different businesses. Citing relevant Supreme Court judgments, the court found that the Tribunal had not erred in allowing retrenchment compensation as a business expenditure. The decisions of the apex court supported the allowance of such compensation as business expenditure in cases where funds were common for multiple businesses. Consequently, the court dismissed the appeal on the admissibility of retrenchment compensation under the Income-tax Act.

In conclusion, the High Court dismissed the appeal on all three issues raised, affirming the Tribunal's decisions based on facts and legal precedents.