2002 (7) TMI 27 - HC - Income Tax

(1) Whether, on the facts and in the circumstances of the case, the asses see was entitled to carry forward and set off of unabsorbed depreciation? - (2) Whether, on the facts and in the circumstances of the case, interest could have been charged under section 215 of the Income-tax Act, 1961? - (3) Whether, on the facts and in the circumstances of the case, the deletion of Rs. 76,648 on account of house property income was justified? - (4) Whether, on the facts and in the circumstances of the case, the asses see was entitled to carry forward and set off of unabsorbed development rebate and investment allowance? - our answer to question No. (1) is in the affirmative, i.e., in favour of the assessee and against the Revenue. - our answer to question No. (2) is in the affirmative, i.e., in favour of the Revenue and against the assessee. - our answer to question No. (3) is in the affirmative, i.e., in favour of the assessee and against the Revenue. - our answer to question No. (4) is in the negative, i.e., in favour of the Revenue and against the assessee

Summary

Issues:
1. Carry forward and set off of unabsorbed depreciation
2. Charging of interest under section 215 of the Income-tax Act, 1961
3. Deletion of house property income
4. Carry forward and set off of unabsorbed development rebate and investment allowance

Analysis:

1. Carry forward and set off of unabsorbed depreciation:
The court referred to previous decisions, including CIT v. Deepak Textile Industries Ltd. and CIT v. Virmani Industries P. Ltd., emphasizing that continuity in the business is not a prerequisite for carrying forward unabsorbed depreciation. The court ruled in favor of the assessee, allowing the carry forward and set off of unabsorbed depreciation.

2. Charging of interest under section 215:
Citing the Supreme Court's decision in Central Provinces Manganese Ore Co. Ltd. v. CIT, the court clarified that interest under section 215 is mandatory and not discretionary. The Income-tax Officer's role is limited to determining the payability of interest based on specific conditions. The court ruled in favor of the Revenue, stating that interest becomes payable by the assessee as per the law.

3. Deletion of house property income:
Referring to precedents like CIT v. Sarabhai Chemicals P. Ltd., the court highlighted that the owner liable to pay tax on house property income is the one entitled to receive the income in their own right. Consequently, the court upheld the deletion of house property income, favoring the assessee.

4. Carry forward and set off of unabsorbed development rebate and investment allowance:
Based on statutory provisions and previous rulings like Kalindi Investment P. Ltd. v. CIT, the court concluded that the assessee was not entitled to carry forward and set off unabsorbed development rebate and investment allowance due to the unit's transfer within eight years from asset purchase and installation. The ruling favored the Revenue, denying the carry forward and set off for unabsorbed development rebate and investment allowance.

In summary, the court ruled in favor of the assessee regarding the carry forward of unabsorbed depreciation and the deletion of house property income. However, the court sided with the Revenue on the charging of interest under section 215 and the disallowance of carry forward and set off for unabsorbed development rebate and investment allowance.