2000 (4) TMI 9 - HC - Income Tax

Investment Allowance, Depreciation, Extra Shift Allowance, Agricultural Development Allowance

Summary

Issues involved:
1. Investment allowance on jeeps and motor cycles under section 32A of the Income-tax Act, 1961.
2. Extra shift allowance on building and furniture as per section 32 read with rule 5 of the Income-tax Rules, 1962.
3. Entitlement to relief under section 35C of the Income-tax Act, 1961.

Analysis:
1. The Income-tax Officer disallowed the investment allowance claimed by the assessee on jeeps and motor cycles under section 32A of the Income-tax Act, 1961. The Commissioner of Income-tax (Appeals) upheld this decision, except for the claim under section 35C. The Tribunal, however, allowed the investment allowance, stating that the jeeps and motor cycles were essential for supervising the tea estate and thus qualified for the investment allowance under section 32A.

2. Regarding the extra shift allowance on building and furniture, the Tribunal reasoned that as the normal allowance was equivalent to the extra shift allowance, it should be allowed. However, the Tribunal erred in concluding that the building and furniture were entitled to extra shift allowance as there was no provision for it in the relevant rules. The rates of depreciation in Appendix I did not include extra shift allowance for building and furniture.

3. The Tribunal considered the claim for relief under section 35C, concluding that the assessee was entitled to the deduction due to agricultural development works. However, the court disagreed, citing precedents where deductions were denied when goods and services were provided for the assessee's own benefit, not to a distinct person. As the facilities were for the assessee's own farm and not extended to others, the deduction under section 35C was not allowed.

In conclusion, the court ruled against the assessee on all three issues, denying the investment allowance on jeeps and motor cycles, extra shift allowance on building and furniture, and relief under section 35C of the Income-tax Act, 1961.