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Issues involved: Interpretation of depreciation allowance u/s 32 of the Income-tax Act, 1961 for machinery not actively used during the assessment year 1971-72.
Summary: The High Court of Delhi considered a case where the Revenue questioned the allowance of depreciation on machinery that was not actively used during the assessment year 1971-72. The assessee owned a cold storage facility where the machinery remained idle due to a weak crop season, resulting in no business activity. The Appellate Assistant Commissioner (AAC) allowed depreciation, stating that the machinery was kept in operational condition for potential future use. The Tribunal upheld the AAC's decision, noting that all other expenses were allowed, and the machinery was maintained for immediate use. The Revenue contended that depreciation should not be allowed without active machinery use. The court analyzed section 32 of the Income-tax Act, emphasizing that depreciation allowance aims to compensate for wear and tear suffered by assets used in business. Citing precedents, the court noted that "used" includes passive and active utilization of assets. Depreciation is crucial to reflect the true profits of a business by accounting for asset deterioration over time. Factors contributing to depreciation include wear and tear, damage, inadequacy, and obsolescence. The court highlighted that depreciation is a statutory allowance applicable to assets capable of diminishing in value due to various factors. Considering the obligation to maintain machinery for potential use and the allowance of all other business expenses, the court affirmed the Tribunal's decision to allow depreciation. The court answered the reference question in favor of the assessee and against the Revenue, concluding the disposal of the reference application.
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