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2005 (2) TMI 83 - HC - Income TaxBenefit of depreciation under section 32 - leased vehicles - it is clear that the claim of depreciation is not dependent on the actual use or the asset being put to use. It is dependent on the question of being used for the purpose of the business. When the leasing is the business, giving of a vehicle in lease even if it may not be used by the lessee on the date of the agreement but from the date of registration of the vehicle or thereafter even then it would be an use for the purpose of the leasing business of the assessee. It is the use of the vehicle by the lessor for the purpose of his business, which is material - we have found that the vehicle was leased out before September 30, 1986, falling in the relevant assessment year, which was used for the purpose of leasing by the assessee in the course of the business carried on by it. Therefore, depreciation is allowed for the assessment year 1986-87
Issues Involved:
1. Whether the vehicles leased under the agreement were used for the purpose of business in the previous year 1986-87 to enable the assessee to obtain the benefit of depreciation under section 32 of the Income-tax Act, 1961. Issue-wise Analysis: 1. Whether the vehicles leased under the agreement were used for the purpose of business in the previous year 1986-87 to enable the assessee to obtain the benefit of depreciation under section 32 of the Income-tax Act, 1961: Submission on behalf of the appellant: Mr. Khaitan argued that the vehicles were used for the purpose of the assessee's business as soon as they were leased out. He emphasized that the vehicle was purchased on August 4, 1986, and the lease commenced on September 1, 1986, regardless of the actual delivery and registration process. He contended that even the purchase of the vehicle for leasing purposes amounts to its use in business. He supported his argument with various judicial decisions, asserting that even passive use or readiness for use qualifies for depreciation. Submission on behalf of the respondent/Department: Mr. Agarwal countered that the agreement appeared antedated, and the vehicle's registration on September 6, 1986, made it impossible to have a lease agreement on September 1, 1986. He argued that actual use of the vehicle is necessary for claiming depreciation, relying on judicial precedents that emphasize actual use over mere readiness for use. Legal Interpretation of Section 32: The court examined the term "used for the purpose of business" in section 32, noting that it does not specify "actual" use. The term should be interpreted in its ordinary grammatical sense, implying employment or utilization for business purposes. The court highlighted that leasing an asset constitutes its use for business, as the asset is employed for generating profit from the moment it is leased out. Judicial Precedents: - CIT v. Kanoria General Dealers P. Ltd. [1986] 159 ITR 524 (Cal): The court held that readiness for production and trial runs qualify for depreciation. - CIT v. Oriental Coal Co. Ltd. [1994] 206 ITR 682 (Cal): The court emphasized that ownership and use for business are sufficient for claiming depreciation, even in cases of passive use. - Hindusthan Gas & Industries Ltd. [1995] 79 Taxman 151 (Cal): The court recognized passive use and leasing out of assets as sufficient for depreciation. - CIT v. Geo Tech Construction Corporation [2000] 244 ITR 452 (Ker): The court allowed depreciation for assets kept ready for use, emphasizing that actual use is not mandatory. - CIT v. Union Carbide (I) Ltd. [2002] 254 ITR 488 (Cal): The court stated that bona fide use for business purposes, including trial production, qualifies for depreciation. Application to the Present Case: The court found that the vehicle was purchased and leased out before September 30, 1986, fulfilling the conditions for depreciation under section 32. The agreement's genuineness was not in question, and the lease's commencement date was considered the point of use for business purposes. The court dismissed the Tribunal's logic that rent due in the next year negated the vehicle's use in the previous year. Conclusion: The court concluded that the claim for depreciation is valid as the vehicle was used for the purpose of leasing business within the relevant assessment year. The decision in Dineshkumar Gulabchand Agrawal [2004] 267 ITR 768 (Bom) was not persuasive enough to alter this conclusion. Order: The appeal was allowed, and the Tribunal's order was set aside. The question was answered in favor of the assessee, with no order as to costs. Soumitra Pal J.: Agreed with the judgment.
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