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Issues:
1. Cancellation of order under section 263 2. Classification as a small scale industrial undertaking 3. Consideration of installation cost for working out the cost of plant and machinery Cancellation of order under section 263: The dispute in this case pertains to the assessment year 1976-77, where the Revenue questioned the cancellation of an order under section 263 of the Income-tax Act, 1961. The Commissioner of Income-tax had concluded that the assessee was not entitled to initial depreciation as a small scale industrial undertaking due to the actual cost of plant and machinery exceeding the specified limit. However, the Tribunal disagreed, emphasizing that the cost of installation should be excluded while determining the actual cost. The Tribunal's interpretation of the provision highlighted that the machinery and plant must be installed for the business purpose, and the cost of installation is an essential component of the actual cost. The Tribunal's decision favored the assessee, considering the installation charges as distinct from the cost of plant and machinery. Classification as a small scale industrial undertaking: The second issue revolved around whether the assessee-company qualified as a small scale industrial undertaking. The Tribunal's analysis, based on section 43(1) of the Act, emphasized that the actual cost of plant and machinery should be considered excluding the cost of installation. The Tribunal's interpretation focused on the legislative intent behind the provision, highlighting that the plant and machinery need to be installed for operational functionality. By excluding the installation charges, the Tribunal concluded that the assessee met the criteria of a small scale industrial undertaking. This decision was crucial in determining the eligibility for benefits under section 32(1)(vi) of the Act. Consideration of installation cost for working out the cost of plant and machinery: The final issue centered on whether the cost of installation should be factored into the calculation of the actual cost of plant and machinery. The Tribunal's analysis stressed the importance of including installation charges in determining the aggregate value of machinery and plant installed. The Tribunal's interpretation aligned with accounting principles, emphasizing that all necessary expenses to bring assets into existence should be considered. Additionally, the Tribunal rejected the argument of variations in installation costs at different locations, asserting that such differences do not alter the legal position. Ultimately, the Tribunal's decision favored considering the installation cost in calculating the actual cost, thereby impacting the assessee's classification as a small scale industrial undertaking. In conclusion, the High Court upheld the Tribunal's decision, emphasizing the significance of installation costs in determining the actual cost of plant and machinery for assessing eligibility as a small scale industrial undertaking. The judgment clarified the interpretation of relevant provisions under the Income-tax Act, 1961, and highlighted the importance of considering installation charges in assessing tax implications for industrial undertakings.
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