1997 (9) TMI 9 - HC - Income Tax

Summary

Issues:
- Dismissal of Departmental appeal by Tribunal regarding extra shift allowance on generating set
- Whether Tribunal was right in law in dismissing the appeal
- Claim of extra shift allowance by assessee after original assessment
- Jurisdiction of the High Court to adjudicate on the question of law

Analysis:
The High Court of PUNJAB AND HARYANA heard a petition by the Revenue challenging the Tribunal's dismissal of their appeal regarding the extra shift allowance on a generating set claimed by the assessee after the original assessment. The Revenue sought a reference of a legal question to the High Court. The assessee, a limited company engaged in manufacturing and sale of goods, filed a revised depreciation chart claiming extra shift allowance, which was initially rejected but later allowed by the Commissioner of Income-tax (Appeals). The Tribunal upheld the appellate authority's decision, leading to the Revenue's appeal being dismissed on the grounds that the generating set is part of the plant and machinery, and the extra shift allowance should be granted considering the entire concern as one unit.

The court considered arguments from both parties, with the Revenue claiming the Tribunal's order was cryptic and should refer the legal question to the High Court. On the other hand, the assessee's counsel argued that the generating set is part of the plant and machinery, justifying the allowance of extra shift allowance. The court agreed with the assessee's stance, noting that the generating set cannot be separated from the whole concern and should be considered as part of the manufacturing process. The court found no reason to dispute the Commissioner of Income-tax (Appeals) and Tribunal's decision, as the generating set is integral to the manufacturing process and cannot be used independently.

In conclusion, the High Court dismissed the Revenue's reference application, ruling that no question of law necessitated adjudication. The court upheld the decisions of the lower authorities regarding the extra shift allowance on the generating set, emphasizing its integration within the plant and machinery of the assessee's manufacturing concern.