2001 (6) TMI 696 - AT - Income Tax

Summary

Issues:
1. Depreciation and investment allowance on plant and machinery without manufacturing activity.
2. Applicability of section 37(3A) to expenses on repairs and taxes of motor cars.

Issue 1: Depreciation and investment allowance on plant and machinery without manufacturing activity:
The appeal by the revenue challenged the CIT(A)'s order directing the Assessing Officer to allow depreciation and investment allowance on plant and machinery despite the absence of manufacturing activity during the relevant year. The Assessing Officer had denied the claim due to the lack of manufacturing operations, rejecting the plea of passive use. The assessee argued that manufacturing had ceased due to a lockout at the supplier's plant, resulting in the unavailability of the main raw material, hydrogen. The CIT(A) accepted the assessee's contentions, noting that the manufacturing activity resumed once the lockout was lifted, considering the break temporary and not a cessation of business. Citing precedents, the Tribunal upheld the CIT(A)'s decision, emphasizing that the machinery being ready for use sufficed for claiming allowances despite temporary idleness.

Issue 2: Applicability of section 37(3A) to expenses on repairs and taxes of motor cars:
The Assessing Officer disallowed expenses on repairs and vehicle taxes under section 37(3A). However, the CIT(A) excluded these expenses from disallowance, stating that they were allowable under other provisions of the Act. The revenue contended that such expenses should be disallowed under section 37(3A. The Tribunal, citing precedents, held that expenses on repairs and taxes for motor cars fell under specific sections, such as 30 and 31, and could not be disallowed under section 37(3A. Relying on the decision in CIT v. Chase Bright Steel Ltd., the Tribunal upheld the CIT(A)'s decision, dismissing the revenue's appeal.

In conclusion, the Tribunal dismissed the appeal, upholding the CIT(A)'s decisions on both issues, allowing depreciation and investment allowance on plant and machinery during the temporary break in manufacturing activity and excluding expenses on repairs and vehicle taxes from disallowance under section 37(3A).